Judicial independence
The judges of Canadian courts resolve disputes and enforce laws. To do that fairly for everyone, they must be impartial. They must be free to decide cases based on the evidence and the law, without outside influence or interference. This is the concept known as judicial independence.
Why judicial independence is important for you
Judicial independence means a judge is free to decide your case on its own merits, without anyone interfering. It means that when a judge makes a decision they are not influenced by popular opinion, political wishes or the goals of a particular group. It means that someone cannot influence or dictate a judge’s decision in a way that is unfair to you.
How we protect judicial independence
Appointment
Judges are appointed after a thorough consultation process and cannot be removed arbitrarily. This means a judge cannot be forced to decide a certain way to keep their job.
Salaries and benefits
An independent body called the Judicial Compensation Committee makes recommendations for judges' salaries and benefits. This means judges do not negotiate their salaries with the government behind closed doors and cannot be promised raises if they decide a certain way.
Management
The courts manage themselves independently of others. This means judges cannot be influenced by promises or threats about their court's administration.
After they make a decision, judges cannot respond to questions or criticism of it. This ensures that decisions given in court are final. Discussing and debating court decisions is an important part of a healthy democracy. But it is important to know the facts and the law behind a decision when you discuss it. Media reports cannot include everything the judge considered. To help you assess a judge's decision fairly, you may be able to find it online and read it for yourself. Some media reports include a link to the judge's reasons so you can do that, or you can search for it on the CanLII website.
Judicial Compensation Committee (Government of BC)
Judges are accountable
Judges are required to explain the decisions they make with reasons, everything said in a trial is recorded and court proceedings are open to the public and the media, except in rare cases. Judges' decisions may be appealed to a higher level of court, and reversed if they made a mistake. In addition, people can file a complaint if they are concerned about judicial misconduct.
Provincial Court's Annual Reports
Courts' role in government
Judges are part of the judicial branch of government. This is different from the executive branch (the Cabinet and the civil service) and legislative branch (Parliament and legislatures). The legislature makes laws, the executive implements them and the courts interpret and apply the law.
In Canada, each of these branches of government is independent from the others. This is important because the government is a party in some cases that come before a judge.
In 2013, the Provincial Court, Supreme Court and Court of Appeal entered into an agreement (a memorandum of understanding) with BC’s Attorney General. It clarifies how the government and judiciary work together to meet their responsibilities to deliver timely, impartial and open justice.
The agreement recognizes and respects judicial independence and the constitutional framework in which the Attorney General and the judiciary operate as separate and independent branches of government.