“A strong and independent judiciary is indispensable to the proper administration of justice in our society. Judges must be free to perform their judicial duties without fear of reprisal or influence from any person, group, institution or level of government. In turn, society has a right to expect those appointed as judges to be honourable and worthy of their trust and confidence.”
Preamble, Principles of Judicial Office
Role of the Association of Ontario Judges
The Modern Judiciary: Independent & Impartial
The Justices of the Ontario Court of Justice serve the public as independent and impartial officers of the law. They strive to preserve the integrity and independence of their judicial office through “the pursuit of excellence in administering justice.” That is the first principle of the Principles of Judicial Office which all of the Judges of our court are sworn to uphold. The preamble to those principles states the following:
“A strong and independent judiciary is indispensable to the proper administration of justice in our society. Judges must be free to perform their judicial duties without fear of reprisal or influence from any person, group, institution or level of government. In turn, society has a right to expect those appointed as judges to be honourable and worthy of their trust and confidence.”
Our system of government is divided into three branches: the legislative, the executive and the judiciary. Each has separate and independent areas of power and responsibility. In its simplest form, the legislative branch creates the law, the executive branch enforces the law, and the judicial branch interprets and applies the law in individual cases. Through a long history, a balance has been struck among these three branches of government, keeping each branch from gaining too much power or having too much influence over the others.[2]
[2]Judicial Independence (And What Everyone Should Know About It), Chief Justices of British Columbia, 2012
The Rule of Law Requires an Independent Judiciary
Every resident of Canada remains subject to the application of the law. Neither person nor government is beyond its reach. This principle is often called the “rule of law” and is important in a democratic system of government.
A former Secretary General of the United Nations has defined the rule of law as follows:
It refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
This principle has a long history, but the independence of the judges, who are tasked with interpreting and applying the law in individual cases, is an important part.[3]
Liberty can have nothing to fear from the Judiciary alone but would have everything to fear from its union with either of the other two departments [the legislative and executive branches].[4]
[3]Judicial Independence (And What Everyone Should Know About It), Chief Justices of British Columbia, 2012
[4]The Federalist Paper # 78, Alexander Hamilton
What is Judicial Independence and why is it important?
The term “judicial independence” is often used when discussing the justice system, but is not always well understood … A famous English judge said that “Justice must be rooted in confidence.” He was referring to the confidence litigants and the public must have that judicial decision-makers are impartial. Those who come before the courts must be certain that decisions made by those courts are not subject to outside influence. Judicial independence means that judges are not subject to pressure and influence, and are free to make impartial decisions based solely on fact and law. Judicial independence is often misunderstood as something that is for the benefit of the judge. It is not. It is the public’s guarantee that a judge will be impartial. The principle has been expressed this way:
In the final analysis we value and stress judicial independence for what it assures to the public, not for what it grants to judges themselves. Ultimately, the sole purpose of the concept is to ensure that every citizen who comes before the court will have [their] case heard by a judge who is free of governmental or private pressures that may impinge upon the ability of that judge to render a fair and unbiased decision in accordance with the law.
It has been suggested that judges may use independence as a “shield” against scrutiny. This is a mistaken view. Judges have a responsibility to protect their independence and impartiality. They do so not out of self-interest, but as an obligation they owe to the public who have entrusted them with decision-making power, and to whom they are ultimately accountable to maintain the public’s confidence.[5]
The independence of the judges is requisite to guard the Constitution and the rights of individuals.[6] An independent judiciary is indispensable to impartial justice under the law. Judges should, therefore, uphold and exemplify judicial independence in its individual and institutional aspects.[7]
[5]Judicial Independence (And What Everyone Should Know About It), Chief Justices of British Columbia, 2012
[6] The Federalist Paper # 78, Alexander Hamilton