Comments suggested that the judge was biased in exercising his judicial functions
Canadian Bar Association president Bianca Kratt has called out media criticism of an Ontario Superior Court of Justice sitting judge for supposedly being biased in exercising his judicial functions.
She said in a statement that while criminal justice policy was rightfully subject to public debate, suggestions of a judge having personal biases in applying the law overstepped “the bounds of constructive discourse.” She pointed out that all judges carried their previous professional perspectives in their roles.
“Those who spent careers as Crown attorneys bring prosecutorial perspectives; those who worked in corporate law bring commercial perspectives. What the law requires, and what Canadians are entitled to expect, is that judges apply legal principles impartially regardless of their prior views,” she said in a statement. “Their decisions can then be appealed on questions of law.”
Kratt described the media’s comments as “yet another crude effort at undermining public confidence in the judiciary.”
“Singling out a judge for work recognized and valued by the legal community before appointment, without demonstrating any failure of impartiality on the bench, sets a troubling standard that would expose every member of the judiciary to similar attack,” she said in her statement.
Kratt highlighted the CBA’s consistent defence of judicial independence as “a cornerstone of the rule of law that protects every Canadian” and said that the country’s justice system was effective due to Canadians’ trust that judges applied the law with impartiality.
“That trust depends on judges being free to do their jobs without uninformed or unfair attempts to delegitimize them,” she said. “We call on media organizations and public commentators to engage with questions of criminal justice and judicial decision-making with the rigour and responsibility those issues demand.”
Last week, the CBA also challenged proposals by premiers to overhaul the judicial appointment process in Canada significantly.
