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Judicial Independence in an Age of Political Contestation

May 11, 2026 | Camilla Zhang

Disclaimer: This article is written in my personal capacity; the views expressed herein do not necessarily represent the position of the Ministry of the Attorney General.

Judicial independence is often described as a constitutional principle and a cornerstone of the Canadian legal system. At its core, it guarantees that judges decide cases based solely on fact and law, free from external influence.

But at critical moments, judicial independence becomes something more tangible - contested, scrutinized, and at times, publicly misunderstood.

Recent developments have brought renewed attention to the judiciary’s role within our democratic framework. These moments provide an opportunity not only to reaffirm the doctrine of judicial independence, but also to examine how it operates in practice - particularly where legal decision-making intersects with broader governmental priorities and public sentiment.

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