Attorney General asked to review Premier’s comments about judge

The Attorney General is being asked to look into comments Premier Doug Ford made about a judge following a controversial decision. CTV’s Jeff Pickel reports.

The Attorney General is being asked to review Ontario Premier Doug Ford’s comments about a judge following a controversial decision.

Last week, the Ontario Superior Court of Justice ruled that a Region of Waterloo site-specific bylaw meant to clear a large encampment in Kitchener, Ont. was unconstitutional.

The encampment is currently situated on land the municipality wants to clear for the construction of a major transit hub.

Ford did not mince words following the decision.

“It’s the most ridiculous ruling I’ve ever seen,” he said at an unrelated media event a day after the ruling was announced.

Ford also hinted that he may be willing to use the notwithstanding clause if an appeal of the decision is launched.

But those were not the comments that sparked concern among lawyers.

“I wish I could get that guy’s address. I’ll send 15 encampments in his backyard and see how he likes it,” Ford said. “[It’s] the craziest decision I’ve ever heard, but there are a lot of crazy decision coming from our courts lately.”

A letter from University of Ottawa legal scholar Martha Jackman criticized Ford’s statement. It was signed by several other lawyers.

“These comments represent a serious attack on the constitutional principle of judicial independence and raise profound concerns regarding judicial security and the administration of justice in Ontario,” the letter read, in part.

“Judges must be free to decide cases without fear of intimidation, retaliation, or personal targeting by members of the executive branch,” the letter continued.

It was addressed to Doug Downey, the Attorney General of Ontario.

The letter claims Ford’s statement requires a response.

“As chief law officer of the Crown and guardian of the administration of justice, the Attorney General bears a special responsibility to safeguard the independence of the courts and maintain public confidence in the rule of law,” the letter stated.

Jackman and the other signatories request the Attorney General:

• Publicly reaffirm the constitutional principle of judicial independence and the obligation of all members of the executive branch to refrain from conduct that may reasonably be perceived as threatening or intimidating judges.
• Publicly repudiate any suggestion that judges should be subjected to personal targeting or exposure of private residential information because of decisions they render.
• Confirm that appropriate steps are being taken to ensure the safety and security of the judge concerned and of members of the judiciary generally.
• Advise whether any additional protocols, guidance, or measures will be adopted to prevent conduct that may undermine public confidence in the administration of justice.

CTV News reached out to the Attorney General’s office but did not hear back.

A response from Ford’s office

“As the Premier said, he has immense respect for judges and their independence, but their decisions are not immune from scrutiny or from the impacts they have on people and communities across the province,” a statement from Doug Ford’s office said.

“Our government has taken action to give municipalities the tools they need and requested to clear encampments and keep their communities safe. We hope the Region appeals this outrageous decision and, if they do not, we will not hesitate to look at every tool available to the province to respond to this decision,”