Ontario Premier Doug Ford speaks to journalists during an availability in Mississauga, Ont., on April 30.Chris Young/The Canadian Press
Ontario Premier Doug Ford – calling judicial independence “a joke” – suggested switching to U.S.-style elected judges in remarks that targeted “bleeding hearts” on the bench who grant bail to those accused of crimes and make decisions against his government based on “ideology.”
The comments, which the Premier himself described as a “rant,” raised questions about his government’s commitment to an independent judiciary and to the constitutional power of courts to review legislation, including to determine violations of the Charter of Rights and Freedoms.
The remarks prompted a joint response from the province’s top judges and were criticized by opposition leaders and legal groups, who warned that Mr. Ford was undermining the rule of law and aping U.S. President Donald Trump.
Critics have accused Mr. Trump’s administration of plunging his country into a growing constitutional crisis by appearing to defy multiple court decisions − including those relating to the rendition of prisoners to El Salvador in his indiscriminate immigration crackdown − and even having a judge arrested.
Speaking to reporters at an announcement at Peel Police headquarters in Mississauga on Wednesday, Mr. Ford lashed out at judges and justices of the peace for releasing people on bail who then are charged with new offences.
He also vowed to appeal a recent injunction that temporarily blocked his plan to rip out Toronto bike lanes until a court rules on whether it violates cyclists’ Charter rights for potentially causing deaths or injuries.
“We get elected democratically. Last time I checked, there hasn’t been any judges elected,” the Premier said. “Maybe that’s the problem. We should do what the U.S. does. Let’s start electing our judges, holding them accountable. And that’s my rant for the day. Because I‘ve just had it.”
Late Wednesday, Ontario’s Chief Justice, Michael Tulloch of the Ontario Court of Appeal, along with Chief Justice Geoffrey Morawetz of the Ontario Superior Court and Chief Justice Sharon Nicklas of the Ontario Court of Justice, issued a signed joint statement defending judicial independence.
“Judicial independence is a cornerstone of our constitutional democracy. An independent judiciary protects the public, not just judges,” reads the chief justices’ statement, which does not mention Mr. Ford or his comments. “It means a society governed by the rule of law.”
The statement says judges must operate independently from the other branches and “must be, and must be seen to be, free to decide each case on its own merits, without interference or influence of any kind from any source, including politicians.”
Mr. Ford‘s government pledged additional changes this week to Ontario’s judicial-appointments process for lower-court judges. It has not released full details, but the announcement did not mention U.S.-style changes.
Other amendments it has made in recent years have been criticized for undermining a long-established selection system that includes a committee meant to recommend candidates and minimize political interference. The Premier has previously said he wanted “tough” and “like-minded” judges.
Kathryn Manning, president of the Ontario Bar Association, which represents the province’s legal profession, said the OBA does not expect “drastic” changes to the appointment process − but warned that Mr. Ford’s comments echoed Mr. Trump.
“A society in which politics plays a role in conviction and prosecution is not a safe one, as we have seen in the U.S.,” Ms. Manning said in an e-mailed statement. “The Premier has built a reputation for protecting Ontario from the dangers of the Trump administration. Attempting to politicize the judiciary is one such danger − we need to protect against it.”
Shakir Rahim, director of the criminal justice program at the Canadian Civil Liberties Association, called Mr. Ford’s comments “deeply alarming.” He said the remarks “strike at the heart of our constitutional democracy.”
Ontario NDP Leader Marit Stiles called Mr. Ford’s comments “un-Canadian” on social media. Liberal Leader Bonnie Crombie said they were dangerous and reveal that the Premier does not understand how democracy works.
“Appointing judges based on ideology, or joking about electing them like in the U.S., undermines the very foundation of our justice system. This is Trump-style politics coming from a Premier who openly supported Donald Trump,” Ms. Crombie said in an e-mailed statement.
Asked if he was undermining judicial independence, Mr. Ford replied: “That’s a joke as far as I‘m concerned.” He said judges all over the world are political appointments and that the federal Liberals would never name “a Conservative-minded, tough-on-crime judge.”
Ontario Superior Court justices are appointed by the federal government, while provinces are responsible for lower-court judges, which hear many criminal matters, and justices of the peace, who often grant or deny bail. The Premier’s Office did not respond to an e-mail asking if the Premier intended to seriously consider electing judges.
Boris Bytensky, president of the Criminal Lawyers’ Association, said the parts of the U.S. where judges are elected have higher rates of wrongful convictions. The practice, which means judges must raise political cash from donors and campaign for votes, has come in for renewed criticism as billionaire Trump acolyte Elon Musk and affiliated groups poured $21-million into a judicial race in Wisconsin.
Mr. Ford has clashed with the courts several times in the past.
He is the first Ontario premier to use the Constitution’s notwithstanding clause, which allows governments to suspend many Charter rights and which he has described as a “tool.” He deployed it to pass election-advertising limits in a law that was eventually struck down by the Supreme Court of Canada earlier this year, and used it in 2022 to block an education union’s right to strike before being forced to back down.
In his comments on Wednesday, Mr. Ford also suggested that Ontario should take over responsibility in his province for the Criminal Code, which establishes most criminal offences and criminal procedures, from the federal government to make it tougher.
“The system is broken. And there’s a lot of terrible, terrible bleeding-heart judges out there,” the Premier said.
“Once these judges get into their position, they have this sense of entitlement. That’s what drives me crazy,” Mr. Ford told reporters. “We were democratically elected as a government. … When you get a mandate to do something, you can’t have judges constantly overruling a government.”
He suggested that judges start their own political party, because “they overturn everything, right down to the bike lanes,” and charged that the injunction decision in that case was made “not because of law, because of their ideology.” (The ruling applied a long-established legal test for the granting of injunctions in such cases.)
With a report from Laura Stone in Mississauga