Imagine a courtroom as a place where fairness rules. It is where judges, similar to referees in a game, are tasked with ensuring adherence to the rules. However, for this system to function properly and develop a healthy democracy, judges must embody fairness and resist external pressures — a fundamental concept known as “judicial independence.”
For example, in a recent ruling on a case linked to the Trans Mountain pipeline expansion project (TMX), the B.C. Court of Appeal found substantial errors made by B.C. Supreme Court Justice Shelley Fitzpatrick. The case involved the conviction of an Indigenous elder, who was performing a pipe ceremony, without proper consideration of the facts.
This controversial ruling has inspired a play titled “The Judge’s Daughter” at the Vancouver Fringe Festival, prompting audiences to reflect on the Canadian judiciary’s treatment of Indigenous land defenders and climate protectors. As legal, ethical, and environmental violations by TMX draw global criticism, the need for judicial integrity and fair treatment of Indigenous communities becomes increasingly apparent.
In Canada, the legal system is grounded in the principle of the “rule of law,” ensuring equal treatment for all individuals regardless of their occupation, wealth, gender, or ethnicity. This commitment to equality extends across society, emphasizing that the law applies uniformly to everyone.
To ensure the maintenance of fairness, specific rules in Canada are in place to guide the conduct of judges:
Judges can’t be fired by the government.
Ensuring judges are well-compensated and refrain from holding additional jobs prevents financial influences on their decisions. Think of the government, judges, and laws as three separate teams. They each have their roles, and judges interpret the rules made by the government. This separation ensures that no sector has too much power over the others.
Judges must also be accountable.
Judges should clarify their decisions and be open to questioning. Judicial councils, serving as overseers, monitor judges to ensure fair play. If there is disagreement with a judge’s decision, a formal process exists for challenging it, similar to the procedures employed in a game.
Judges are appointed rather than elected.
This approach is important in protecting judges from unwarranted political pressures. To illustrate, imagine a situation where your preferred sports team’s referee is chosen by the fans – such a system may not uphold the fairness and impartiality essential for sound judicial decision-making.
On a global scale, organizations like the United Nations stress the importance of judicial integrity. They want judges worldwide to be fair, honest, and independent. The UN even helps countries strengthen their legal systems to make sure judges can resist corruption.
According to the UN, “integrity” in the context of judges involves adhering to the rules and maintaining honesty. The organization assists countries in identifying issues within their legal systems, ensuring the effective functioning of laws, and training judges to handle cases fairly.
Let’s explore why a fair and trustworthy legal system is crucial for all of us, extending beyond judges themselves.
Picture the legal system as an intricate game, where each of us is either a participant or an observer in the pursuit of justice.
The legal system isn’t some abstract concept.
Similar to any game, effective functioning relies on everyone adhering to the rules. If the rules are applied unfairly, it is similar to playing a game where one team consistently has an advantage – a situation that lacks fairness.
Think of judges as referees in this game.
Judges are there to ensure everyone follows the rules, playing a crucial role in maintaining fairness. However, their decisions have real impacts on people. When judges are fair and unbiased, it ensures justice not only for those directly involved but for society as a whole.
Participants play an active role rather than being passive spectators.
Just like fans in a stadium who demand a fair game, we should demand fairness and accountability from our legal system. Failing to uphold high standards within the system is similar to silently endorsing a rigged or unfair game, and that is not a game worth playing.
This is where the concept of judicial integrity becomes crucial. It acts as the glue holding the entire justice system together. Without it, the foundation of the system weakens. Judicial integrity ensures that judges remain honest, unbiased, and dedicated to the principles of fairness. It ensures that, upon entering a courtroom, we can trust that the game of justice will be played fairly and by the rules.
Imagine an alternative scenario – a legal system lacking integrity. It would be similar to a game with biased referees, constantly changing rules, and unpredictable outcomes. In such a scenario, the very idea of justice becomes questionable.
So, why is all of this important to us? Because a fair and trustworthy legal system isn’t a luxury but a necessity for a functioning and just society. It shapes how we live, work, and interact with one another. It ensures that disputes are resolved fairly, individuals are treated equally, and we can all have confidence in the integrity of the system governing our lives. The pursuit of judicial integrity is a collective effort, and by demanding fairness and accountability, we contribute to a society where justice truly prevails.
