These are foundational principles in our justice system. They are not simply traditions or formalities; they are protections for the public. Judicial independence requires that judges be able to decide cases based on the law and the evidence before them, free from political, public, or personal pressure.
Judicial impartiality means that people can have confidence that decisions are made fairly and without favour. Court decisions can and should be discussed. In a democracy, people are entitled to disagree with judgments, to criticize legal reasoning, and to pursue appeals or legislative change where appropriate. But there is an important difference between disagreeing with a decision and calling into question a judge's or the court's integrity, motives, or independence.
That difference matters. Judges cannot respond publicly to criticism in the same way that elected officials, lawyers, or commentators can. Their role requires restraint. For that reason, those of us who work within the justice system have a responsibility to be mindful of how we speak about the courts.
Public confidence in the courts is essential to the rule of law. It is what allows disputes to be resolved peacefully and in accordance with the law, even when people disagree with the outcome. If confidence in the courts is undermined, it can be very difficult to rebuild.
Judicial independence protects everyone. It ensures that governments are subject to the law, that individual rights have meaning, and that every individual who comes before the courts can expect a fair hearing.
CBA-NB welcomes Minister McKee's statement and reaffirms our unwavering commitment to safeguarding the public's confidence in the administration of justice. We call on all participants in public discourse to join us in upholding the essential principles of judicial independence and public trust on which our justice system relies.
Contact : Daniel Jardine
President CBA NB
(506) 452-7818