Nicolás Maduro

Editorial Cartoon by Graeme MacKay, The Hamilton Spectator – Wednesday July 31, 2024

Doug Ford Must Respect Judicial Independence While Addressing Crime Concerns

Premier Doug Ford’s recent rhetoric on holding judges and justices of the peace (JPs) “accountable” for their bail decisions has struck a chord with many Ontarians worried about rising crime and declining public safety. However, while the Premier’s tough-on-crime stance resonates with a populace eager for solutions, his approach risks undermining the foundational principles of judicial independence and the rule of law.

Ford’s comments at a recent Mississauga press conference, where he announced the $134-million purchase of new police helicopters, included a vow to collect statistics on bail decisions and ensure judicial officials are held accountable. The Premier’s narrative is clear: lenient bail practices contribute to repeat offences, posing a threat to public safety. “We have some of the greatest justices of the peace and judges in the country,” Ford stated, “but there’s some that continuously give people bail — not once, twice, three times, four times, five times.”

This rhetoric taps into widespread frustration among voters who see the justice system as overly lenient, particularly towards repeat offenders. Supportive comments reflect this sentiment: “Finally, someone is listening! These repeat offenders should NOT be granted bail!” and “We must protect society from Repeat Offenders.”

News: Doug Ford vows to hold JPs and judges ‘accountable’ for decisions

However, Ford’s approach to addressing these concerns — by threatening judicial accountability measures and stacking the courts with politically aligned appointees — poses significant risks. The Canadian Civil Liberties Association (CCLA) and prominent legal professionals have rightly raised alarms about the potential erosion of judicial independence. Shakir Rahim of the CCLA called Ford’s comments “an unacceptable and dangerous attack on judicial independence, the constitution, and the rule of law.”

Judicial independence is a cornerstone of our democracy, ensuring that every person who goes to court has their case heard by an impartial decision-maker, free from political pressure. As Douglas Judson from the Federation of Ontario Law Associations (FOLA) pointed out, the idea that judges could be sanctioned based on political preferences is “clearly disturbing.” Michael Spratt, a prominent criminal lawyer, further noted that incorrect bail decisions can already be appealed by prosecutors, highlighting that existing accountability mechanisms are in place without compromising judicial impartiality.

The worrying parallels between Ford’s approach and the tactics of authoritarian leaders like Nicolás Maduro in Venezuela cannot be ignored. Maduro has notoriously undermined judicial independence by packing the courts with loyalists and using the judiciary to suppress dissent and uphold his regime’s policies. Under Maduro, the Venezuelan judiciary has become an extension of the executive, routinely issuing arrest warrants for political opponents, and failing to protect human rights. This manipulation of the judiciary has enabled widespread human rights abuses and eroded the rule of law in Venezuela. Ford must avoid this authoritarian playbook and respect the independence of Ontario’s judiciary.

Instead of encroaching on the judicial branch, Premier Ford should focus on legislative solutions that address public safety concerns without compromising judicial independence. Enhanced data collection on bail decisions and crime statistics is a positive step, as it allows for informed policymaking. However, this data must be used to improve the justice system through legislative reforms, not to intimidate judges or justify political interventions.

Ford’s government could, for example, propose legislative changes that set clearer guidelines for bail decisions, ensuring they balance public safety with the rights of the accused. Investments in crime prevention programs, mental health services, and community support initiatives would also address the root causes of crime, offering a more sustainable solution than simply toughening bail conditions.

Premier Ford’s impulse to take direct action on crime is understandable and resonates with many voters. However, in his eagerness to respond to public concerns, he must not undermine the democratic principles that safeguard our justice system. Respecting judicial independence while pursuing legislative avenues for reform is the only way to ensure that Ontario remains both safe and just.

In the words of Michael Spratt, when these institutions are broken, they are “very, very hard to fix and repair.” Ford must tread carefully, lest his efforts to protect public safety inadvertently damage the very foundations of our democratic society.