Law360 Canada (January 29, 2026, 3:12 PM EST) -- Members of the legal profession from across the country are applauding a public statement from Alberta’s three chief justices calling for respect and mutual support among the different branches of government.

In a statement posted on the Alberta courts website earlier this week, Chief Justice of the Alberta Court of Justice James Hunter, Court of King’s Bench Chief Justice Kent Davidson and Acting Chief Justice of Alberta Dawn Pentelechuk said “a properly functioning democracy requires three separate branches of government that exercise their power and authority independently according to the Constitution.”

“The executive branch makes policy and manages government operations. The legislative branch makes laws,” the statement said. “In turn, the judicial branch interprets and applies those laws to disputes brought before the courts.”

The judges said the independence of each branch ensures there are checks and balances across the system.

“It is the foundation of a healthy democracy. Public trust and confidence in our institutions — and all three branches of government — depend on it,” the statement said. “It is equally important that each branch respect and support the independence of the others.”

And the independence of the judicial branch protects the public, the statement said, as it ensures judges can make decisions based solely on the law and evidence presented.

“It frees judges from pressure or influence from external sources including the governments that appoint us,” the judges said. “Each day in Alberta’s courthouses, judges apply the law — to protect individual rights, decide disputes fairly and hold parties, including governments, accountable. The rule of law means no one is above the law, everyone is treated equally before the law, and power is not used arbitrarily. Alberta’s judges will continue to do this work faithfully.”

Alberta Premier Danielle Smith’s recently commented on her radio call-in show that she wishes she could “direct” judges and that she was trying to work with Ottawa to appoint members of the judiciary that “reflect the values” of the province. Smith previously suggested that federally appointed judges are not able to render impartial rulings.

But court spokesperson Olav Rokne said the statement was part of a broader effort to educate members of the public on some “often misunderstood” aspects of the court.

In a statement on her LinkedIn profile, Canadian Bar Association (CBA) president Bianca Kratt said she commended the chief justices for their statement.

“It is highly concerning, though, that they felt the need to issue it. As the statement reminds us, judicial independence isn’t a privilege for judges; it’s a constitutional safeguard that ensures all Canadians have access to courts free of political pressure,” she said. “With their measured, judicial language, the chief justices are warning us that this right is at risk. Let us heed their warning and demand that our leaders heed it too.”

The Law Society of Alberta (LSA) said on its website it “strongly supports” the message and “the importance of an independent judiciary that, alongside Alberta’s lawyers, works daily to safeguard the rights and freedoms of all Albertans while ensuring the sanctity of the rule of law.”

Recently, a group of lawyers — including two former justice ministers — sent an open letter to provincial representatives, criticizing it for what they call “unacceptable behaviour” and urging Albertans to “use their voices to preserve our democratic institutions.”

Smith’s press secretary Sam Blackett said in an email that, while recent court rulings have “rightfully” led Albertans and Canadians alike to question aspects of our criminal justice system, the province respects the role of each branch of government and supports their independence.

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