https://www.venice.coe.int/WCCJ/Rio/Papers/CAN_Binnie_E.pdf
“The role of the courts as resolver of disputes, interpreter of the law and defender of the Constitution requires that
they be completely separate in authority and function from all other participants in the justice system.â€
Conclusion:
Judicial independence is a fundamental constitutional principle in Canada. Our
Constitution requires that judges at all levels enjoy security of tenure, financial security,
administrative independence, and adjudicative autonomy. We believe that the Supreme Court of
Canada and its judges enjoy a very high level of independence despite the fact that certain
matters such as administration, finance, and appointments are ultimately the responsibility of the
federal government. The principal bulwark to outside interference, however, is the deep-rooted
acceptance of the need for judicial independence in Canadian society. At all times, the Court’s
judges feel free to decide the cases before them on their merits, without influence from
government or anyone else.
“The role of the courts as resolver of disputes, interpreter of the law and defender of the Constitution requires that
they be completely separate in authority and function from all other participants in the justice system.â€
Conclusion:
Judicial independence is a fundamental constitutional principle in Canada. Our
Constitution requires that judges at all levels enjoy security of tenure, financial security,
administrative independence, and adjudicative autonomy. We believe that the Supreme Court of
Canada and its judges enjoy a very high level of independence despite the fact that certain
matters such as administration, finance, and appointments are ultimately the responsibility of the
federal government. The principal bulwark to outside interference, however, is the deep-rooted
acceptance of the need for judicial independence in Canadian society. At all times, the Court’s
judges feel free to decide the cases before them on their merits, without influence from
government or anyone else.
Comment