Supreme Court underscores importance of judicial independence in R. v. Edwards et al.

The Supreme Court of Canada’s ruling in R. v. Edwards et al. affirms the constitutional importance of rigorously protecting judicial independence. The Court held there must always be protections from executive branch interference when a military judge is carrying out judicial duties. As the CCLA argued, if a person is carrying out a judicial or quasi-judicial function, their independence must be recognized and maintained. As the dissent noted, and the CCLA also argued, judicial independence should never depend on a presumption of good behaviour by the executive branch.

You can read the decision here, the CCLA’s factum here, and a summary of our arguments here. 

The CCLA is thankful for the excellent pro bono representation of Zain Naqi and David Ionis of Lax O’Sullivan Lisus Gottlieb in this case.