Ontario Premier Doug Ford went on an extended rant about some of the province’s judges Wednesday, arguing they are soft on crime, interfering in municipal issues based on ideology, and even floating the idea of electing judges in Canada like in parts of the United States.
“Last time I checked there hasn’t been any judges elected. Maybe that’s the problem — we should do what the U.S. does,” Ford said at a news conference announcing proposed changes to bail reform. “Let’s start electing our judges, holding them accountable, and that’s my rant for the day, because I’ve just had it.”
The premier said that while he is a big believer in Ontario’s justice system and the province has some great judges, he also denounced other judges that he believes are making decisions because of their “ideology.
“These judges that are bleeding hearts, I can’t wait until they retire. Matter of fact, I’ll pay them to retire earlier. I’ll pay you out, for two, three, four years. Just get out of the system,” he said.
A recent decision that’s clearly grating on Ford was from earlier this month, when Ontario Superior Court Justice Paul Schabas ordered an injunction that would force the province to keep its hands off three major Toronto bike lanes until he can decide whether the controversial plan to remove them is unconstitutional.
Injunction granted on bike lanes
The province gave itself the power last year to remove 19 kilometres of protected bike lanes, over the objections of the city. It passed a law that also requires cities to seek provincial approval to install new lanes that cut into vehicle traffic.
The province suggested that targeting bike lanes on the three major roadways would help reduce Toronto’s traffic congestion — but Schabas, who heard a challenge of the law brought by Cycle Toronto and two cyclists, appeared to be skeptical of that justification.
“There is evidence that their removal will have little or no impact on the professed objectives of the legislation as stated by the minister of transportation,” Schabas wrote in his injunction ruling.
In what he called his “rant for the day,” Ontario Premier Doug Ford criticized some of the province’s judges for having “nothing better to do” but interfere with issues like Toronto’s bike lanes “because of their ideology.” Ford suggested adopting a similar system to parts of the U.S., where judges are elected.
The ruling said despite the government’s claim that there was an urgent need to cut congestion, it presented no evidence about the process to remove the lanes or plans on what would go in their place.
Not granting the pause would mean the government could try to dismantle the bike lanes before he has time to decide the case, Schabas wrote.
Ford was none too pleased with that decision Wednesday and said the province plans to appeal the injunction.
“We get democratically elected, and some judge slaps an injunction on bike lanes. Don’t the judges have anything better to do than worry about if we’re taking out bike lanes or not taking out bike lanes?” he said.
Responding in a social media post, Opposition NDP Leader Marit Stiles said that bringing “U.S.-style politics” into Canada’s justice system, especially right now, is “un-Canadian.
“I expect the Premier to walk back his comments and stand up for the values Canadians are proud to defend,” she said.
Boris Bytensky, president of the Criminal Lawyers’ Association of Ontario, told CBC News in an interview that Ford’s comments amount to “political rhetoric.”
It is impossible for judges to completely divorce their beliefs from their jobs, he said.
“But the judges are restricted in their decision-making by what the law requires them to do,” Bytensky said. “If the law calls for a certain outcome, it doesn’t really matter what their personal viewpoints may be on the subject; they’re obliged to follow the law and they almost invariably do so.
“And if they don’t follow the law, then appellant courts are in place to review those decisions and fix whatever errors may be made.”
Premier says bail system is ‘broken’
Ford was at Peel Regional Police headquarters Wednesday to announce measures on bail in an upcoming justice bill, though he said the most meaningful bail reform actions must come from the federal government.
He said he spoke to Prime Minister Mark Carney Tuesday after his election win, adding that he is hopeful the new iteration of the federal government will do something about bail reform for repeat, violent offenders.
“I’m confident that hopefully the new prime minister — unlike the previous prime minister who didn’t want to do anything — the new prime minister I have confidence that he believes in keeping communities safe, which I know he believes in that,” Ford said.
Attorney General Doug Downey also approached the news conference podium to add his own comments on the subject and joked that Ford’s remarks were actually restrained.
“You should see what he says in private,” Downey said.
Last year, Ford defended his government’s appointments of two former staffers to a committee that helps select provincial judges, saying he wants “like-minded people” in appointments, not Liberals or New Democrats.
On Wednesday, Ford dismissed the idea of judicial independence and denounced judges who he sees as not tough enough on crime.
“You know something, that’s a joke as far as I’m concerned,” he said. “There’s no judge appointed anywhere in this country, anywhere in the United States, anywhere in the world, that’s not a political appointment. Simple as that. You think these judges just come out of the blue?
“The system is broken, and there’s a lot of terrible, terrible bleeding-heart judges out there.”
Shakir Rahim, director of the criminal justice program at the Canadian Civil Liberties Association, called Ford’s comments “deeply alarming” in a statement.
“Respecting the independence of the judiciary and the rule of law is necessary for a fair criminal justice system in Canada, and protects all of our rights and freedoms,” Rahim said. “The fact is that bail in Ontario is more difficult to obtain than ever. Around 80% of the people in Ontario prisons have been denied bail and are awaiting trial.
“The CCLA repeats its call for the federal government, alongside the provinces and territories, to collect comprehensive data about the bail system. Policy and law reform must be based on sound evidence, not soundbites.”
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