Ontario has no plans to push for elected judges despite Doug Ford’s remarks: Attorney General

Doug Downey, Attorney General of Ontario holds a press conference in Toronto Tuesday, Oct. 24, 2023. THE CANADIAN PRESS/Nathan Denette

Attorney General Doug Downey appears to be walking back remarks made by Premier Doug Ford in which he floated the possibility of electing judges, arguing that Ford’s rhetoric came from a place of “frustration” and is not something the provincial government is actually pursuing.

Ford went on a prolonged rant on Wednesday against “terrible, bleeding heart” judges who he claimed are blocking his government’s agenda and are too often soft on crime.

The remarks came on the heels of a judge granting an injunction which will temporarily prevent the provincial government from removing several bike lanes in Toronto.

“I think the frustration that it comes from is real. He (Ford) is expressing what we are hearing at doors and hearing from people. It is not something that we are pursuing. But it is important that we go after the offenders, the violent and repeat offenders…” Downey said during an unrelated news conference on Thursday.

Ford’s remarks drew immediate criticism from the Canadian Civil Liberties Association, which called them “deeply alarming.”

Ontario’s Chief Justices Michael Tulloch, Geoffrey Morawetz and Sharon Nicklas also released a joint statement in which they stressed that “judicial independence is a cornerstone of our constitutional democracy” and must be maintained.

“Our justice system is founded on public confidence that decisions, whether popular or not, are fully heard and fairly made,” the statement noted. “It is crucial that the judiciary is both actually independent and appears to be independent so the public can be confident that judicial decisions are made without bias.”

‘A bedrock in a democracy’

Ford mused on Wednesday that “maybe” the process of appointing rather than electing judges is the “problem” and that perhaps we should “start electing our judges, holding them accountable.”

Ford also claimed that some judges have a sense of “entitlement” and when it comes to letting out repeat offenders, they lack accountability.

Asked if the comments were dangerous on Thursday, Downey insisted that “everybody knows that judicial independence is a bedrock in a democracy.”

However, at the same time he said that “the level of frustration the constituents and the people we serve boils over into ways that we need to acknowledge.”

“The frustration that people are feeling when they don’t feel safe in their own homes is dangerous because that breaks down the tenets of society when people are not able to feel safe in their own space,” he said. “That is why we are going after the offenders. We are holding them to account. We are putting resources in. We are changing structure. We are going to make justice fair but faster.”

Opposition leaders slam Ford

Opposition leaders at Queen’s Park universally spoke out against Ford’s comments on Wednesday, with NDP Leader Marit Stiles calling them “un-Canadian” in a social media post.

On Thursday Stiles repeated the criticism, telling reporters at Queen’s Park that the remarks were “outrageous and dangerous.”

Liberal MPP John Fraser also criticized Ford’s comments during Question Period at Queen’s Park on Thursday, quipping that “we didn’t send the premier to Washington so he could import the U.S. justice system.”

“Is there a reason that the premier wants to undermine confidence in our judges and in our judicial system in this province?” he asked. “Does he want to discredit the courts the way that Donald Trump does? Is he watching that? Is that what he is doing?”

The province announced last week that it would be making changes to the selection process for judges. It did not list electing them as one of the changes.

“I’m looking for somebody who is going to enforce community standards. I’m looking for somebody who understands community, and somebody who will, quite frankly, help protect our communities,” Downey said Wednesday when asked what some of the new criteria will be for selecting judges.