For Immediate Release:
Date: March 31, 2026
FACL is deeply concerned by recent public commentary that undermines confidence in the independence of the judiciary.
An independent judiciary is a cornerstone of Canada’s constitutional democracy. Judges must decide cases impartially, based on the law and the evidence before them, and free from external pressure or influence. While public debate about judicial decisions or the administration of justice is legitimate and necessary in a democratic society, recent comments by some political leaders and media commentaries undermine judicial independence by going beyond legitimate criticism of a court decision. Personal attacks on individual judges threaten public confidence in our justice system and put the Rule of Law at risk.
The independence of the judiciary is also threatened by political pressure of calling on a judge to apologize for legal rulings made based on the evidence before them. Judges cannot respond to public criticism; they can only issue reasons for their decisions. When personal attacks target a judge’s racial, ethnic, or religious identity explicitly or implicitly, it sends a message to Canadians that some members of our judiciary are not impartial and will never be seen as fully legitimate, no matter their qualifications or the quality of their reasoning.
For justice to be done, judges must consider contextual legal analysis, taking into account the specific circumstances of each person and not treating everyone as if they are indistinguishable. Canadian courts have long recognized that systemic and contextual factors are relevant in criminal matters, for example, in R v. Gladue and R. v. Ipeelee.
If there is a concern with a court’s decision, the appropriate response is to appeal. If there is an issue about the conduct of a judge, there is an established complaint process. Likewise, dissatisfaction with a law may be addressed through appropriate legal reform by elected officials. It is precisely at moments when a matter is controversial and public emotions are heightened that each branch of government exercises restraint from comments that call into question the other’s proper constitutional authority.
As an organization representing Asian Canadian legal professionals, FACL affirms its commitment to a justice system that is fair and impartial for all. A judiciary that reflects the diversity of Canadian society strengthens, rather than diminishes, the administration of justice. FACL calls on all public actors to engage in respectful discourse and to uphold the principles that safeguard the independence and integrity of our justice system. We stand in solidarity with other affinity bar associations that have expressed similar concerns.