JUDICIAL INDEPENDENCE

The three branches of government

Our system of government is divided into three branches that serve different functions:

• The legislative branch passes laws;
• The executive branch implements and enforces laws; and
• The judicial branch interprets and applies laws.

The three branches are interrelated but operate independently.

Judicial independence

The Canadian Constitution protects the principle of judicial independence. Judicial independence refers to the ability of courts and judges to perform their duties free from influence or interference from other branches of government as well as other private actors.

Protecting judicial independence supports the Rule of Law. The Rule of Law means that:

• Everyone (government, citizens, businesses, and organizations) is subject to the same set of laws; and
• Our laws are applied equally to everyone by an independent and fair judicial branch.

There are a number of ways we protect the independence of the judicial branch in Canada:

1. Judges are appointed based on merit. Judges in Canada are appointed through a thorough process that has been designed to select the best person available, as determined by objective criteria.


2. Judges cannot be removed arbitrarily. Once appointed, a judge is eligible to serve on the bench until retirement (age 75 for Supreme Court judges). A judge may be removed by a joint address of Parliament, but only after an independent and impartial investigation has shown that there is good reason to do so. This helps to ensure that a judge cannot be pressured to decide a case a certain way in order to keep their job.


3. Judges are compensated in a way that protects them from financial pressure. In Canada, an independent body called the Judicial Compensation and Benefits Commission makes recommendations for judges' salaries and benefits. If judges were required to negotiate their compensation directly with the government, it could lead people to question whether judges are truly impartial when deciding cases involving the government.


4. The judicial branch manages court administration independently from government. The judiciary, as an institution, is responsible for managing itself. The government does not decide which cases judges will hear, or when cases will be heard - those decisions are left to the courts.


5. Judges decide cases independently. Individual judges enjoy adjudicative independence. This means that they decide cases alone, based on the evidence and the law, free from any outside influence.

Related resources:

Judicial Independence (And What Everyone Should Know About It) (Court of Appeal of British Columbia, Supreme Court of British Columbia, and Provincial Court of British Columbia)

Why is Judicial Independence Important to You? (Canadian Judicial Council)

Got questions about judicial independence? (Canadian Bar Association)

Memorandum of Understanding (Between Minister of Justice and Attorney General of British Columbia, Chief Justice of British Columbia, Chief Justice of the Supreme Court of British Columbia, and Chief Judge of the Provincial Court of British Columbia)

JUDICIAL ACCOUNTABILITY

While judges in Canada enjoy judicial independence, that does not mean that judges have the right to do whatever they wish. A number of measures exist to ensure that judges are accountable for their actions.

Court proceedings are open

One way we ensure judges are accountable for their actions is by requiring that court proceedings be open to the public. Members of the public or journalists can observe court proceedings, and see for themselves whether justice is being done. Private hearings are very rare and will only be permitted by the Court in exceptional circumstances.

Appeals

Another way judges are held accountable is through the appeal process. Judges can make mistakes. If a party in a legal dispute thinks a judge has come to the wrong decision, they can appeal the decision to a higher court, and request that the decision be changed or reversed.

Judicial ethics

In addition to being accountable for their decisions, judges are also accountable for their personal conduct. In Canada, judges are held to a high standard of ethical conduct (see the Canadian Judicial Council's Ethical Principles for Judges).

Judicial conduct complaints

If you believe the conduct of a judge, associate judge or registrar of the Supreme Court of British Columbia was inappropriate, you can submit a complaint.

Complaints about the conduct of federally appointed judges, including judges of the Supreme Court of British Columbia, are reviewed by the Canadian Judicial Council (CJC). Complaints about the conduct of associate judges and registrars of the Supreme Court of British Columbia are reviewed by the Chief Justice of the Supreme Court of British Columbia.

Complaints about the conduct of a judge

The CJC was established by the Canadian government to maintain and improve the quality of judicial services in Canada's superior courts. The CJC is responsible for dealing with complaints about the conduct of federally appointed judges.

You may wish to submit a conduct complaint to the CJC if:

• Your complaint concerns a federally appointed judge; and
• Your complaint is about the conduct of a judge (i.e. their behaviour or manner in a particular instance) as opposed to the decision the judge made.

The CJC does not deal with complaints concerning:

• Associate judges or registrars of the Supreme Court of British Columbia (such complaints may be directed in writing to the Chief Justice of the Supreme Court of British Columbia in accordance with the process set out below); or
• Judges, judicial justices, judicial case managers, or justices of the peace of the Provincial Court of British Columbia (for more information on how to submit a complaint concerning a Provincial Court judicial officer, see the Complaints section of Provincial Court's website).

You cannot use the CJC's conduct complaint process for federally appointed judges to:

• Try to change or overturn a decision;
• Obtain a new trial or hearing; or
• Get an order that a particular judge not hear your case.

If you want to do any of these things, it is a good idea to talk to a lawyer about the procedure that must be followed. You may need to file an appeal.

You may submit a complaint about the conduct of a judge to the CJC using their online complaint form.

Complaints about the conduct of an associate judge or registrar

The Chief Justice of the Supreme Court of British Columbia is responsible for dealing with complaints about the conduct of associate judges and registrars.

You may wish to submit a conduct complaint to the Chief Justice if:

• Your complaint concerns an associate judge or registrar of the Supreme Court of British Columbia; and
• Your complaint is about the conduct of an associate judge or registrar (i.e. their behaviour or manner in a particular instance) as opposed to the decision they made.

The Chief Justice does not deal with complaints concerning:

• Federally appointed judges (such complaints may be directed to the CJC); or
• Judges, judicial justices, judicial case managers, or justices of the peace of the Provincial Court of British Columbia (for more information on how to submit a complaint concerning a Provincial Court judicial officer, see the Complaints section of Provincial Court's website).

You cannot use the Chief Justice's conduct complaint process for associate judges and registrars to:

• Try to change or overturn a decision;
• Obtain a new trial or hearing; or
• Get an order that a particular associate judge or registrar not hear your case.

If you want to do any of these things, it is a good idea to talk to a lawyer about the procedure that must be followed. You may need to file an appeal.

If you wish to submit a complaint about the conduct of an associate judge or registrar, your complaint must be in writing and may be sent to the following address: