Our Criminal Lawyers’ Association letter to Doug Ford regarding our concern for the independence of our Judiciary and it’s selection process.

February 26, 2024 VIA EMAIL: premier@ontario.ca The Honourable Doug Ford, M.P.P. Premier of Ontario Legislative Building, Queen’s Park Toronto, Ontario, M7A 1A1 The Criminal Lawyers’ Association represents more than 1800 criminal lawyers in the province of Ontario. Our membership regularly appears in the Ontario Court of Justice where the bulk of criminal law cases are heard in this province.  The Judicial Appointments Advisory Committee (JAAC) had long been lauded as the gold standard in judicial appointments. The JAAC created significant independence in the appointment process of judges in our province. This committee historically focused on appointing judges for merit and not political allegiance.  Your recent comments in the media confirmed your Government’s intentions to politicize the process. The Government’s interference with the judicial appointment process poses a substantial threat to the independence of Ontario’s judges. The loss of independence erodes public confidence in the judiciary. Your ill-conceived public comments about appointing “like-minded” judges will have the unintended effect of tarnishing the integrity of your future appointments. Judicial independence is a cornerstone of our constitutional democracy. We echo the concerns of other Ontario legal organizations and urge your Government to appoint qualified, principled, impartial judges of the highest caliber regardless of political affiliation. Judges must be free to make fair and impartial decisions – often difficult decisions – without concern for whether or not their rulings align with the Government of the day.  Yours very truly,  Boris Bytensky President, Criminal Lawyers’ Association  CC: The Honourable Doug Downey, K.C., M.P.P., Attorney General of Ontario 

WHEN JUDGES CRITICIZE POLICE (#2) – Justice Tetley severely criticizes police for a lack of investigation in a sexual assault case. – “This judgment serves as a cautionary example as to the fact an injustice can occur when appropriate and available investigative steps are not pursued and a criminal prosecution instituted on what is now concluded to be an uncorroborated complaint of criminal misconduct of dubious reliability.”

https://gaggle.email/attachments/ag1zfmdhZ2dsZS1tYWlscigLEgRMaXN0GICAwJXj2KcJDAsSCkF0dGFjaG1lbnQYgIDQtf2cnQsM/R%20v.%20JANSEN%20Ashley%20-%20Written%20Reasons%20for%20Judgment%20(VF)%20-%2021Dec2023.pdf

WHEN JUDGES CRITICIZE POLICE CONDUCT (#1) – “It is difficult to avoid a suspicion and conclusion that the officer’s groundless targeting of the defendant for investigation was racially infected. There is no other valid explanation for his actions.”

https://www.thestar.com/news/gta/gta-cop-had-absolutely-no-grounds-for-racially-infected-confrontation-judge-rules-tossing-gun-charges/article_94016ea6-bbb8-11ee-8dd6-af2fdd431dab.html?source=newsletter&utm_content=a01&utm_source=ts_sa&utm_medium=email&utm_email=0B41BB051FF7EA38DB4BDD5E33BA3AB2&utm_campaign=police_208046

HOW IS OUR BAIL SYSTEM BROKEN? – With 82 percent of all Ontario prison inmates are being held without bail, the system seems to be cooking along just fine. “We have more people in our provincial jails who are supposed to be considered legally innocent than who have been convicted or found guilty and sentenced to be there,” 

https://www.cp24.com/news/the-vast-majority-of-people-in-ontario-jails-last-year-were-awaiting-a-trial-data-shows-1.6748052

A WISE MOVE – “Justice Michael Wendl of the Ontario Court of Justice walked back what is being called an unprecedented, heavy-handed and illegal contempt of court citation against a local lawyer on Tuesday.” I don’t believe this will or should alleviate a complaint to the Canadian Judicial Council for threatening a lawyer.

https://www.thespec.com/news/hamilton-region/contempt-citation-dropped-against-hamilton-lawyer/article_bdc295d4-97a4-50e4-a269-b46e14b9ffb8.html