Ontario Premier Doug Ford lashed out Wednesday against “terrible, bleeding heart” judges who he claimed are blocking the government’s agenda, musing that perhaps judges in Ontario should be elected so that they are more responsive to public sentiment.
“What right do they have? Unelected, politically appointed judges determining our budgets?” Ford said, claiming that judicial decisions cost the government billions of dollars.
“We ran on a mandate, we get elected democratically. Last time I checked, there hasn’t been any judges elected. Maybe that’s the problem. We should do what the U.S. does. Let’s start electing our judges, holding them accountable.”
Specifically, he took aim at judges for blocking his government’s plans to tear up some bike lanes in Toronto, and for being lenient on repeat offenders in the criminal system.
“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?” Ford said.
Last week a judge issued a temporary injunction against removal of bike lanes on Bloor Street, Yonge Street and University Avenue to allow more time to consider whether the move would be unconstitutional, as claimed in a challenge brought by a cycle group.
Ford said some judges have a sense of “entitlement” and when it comes to letting out repeat offenders, they lack accountability.
“Does the judge call the family up and say, I’m sorry I let this guy out?” he said, referencing a theoretical example of someone who commits a murder after being let out on bail multiple times. “Something has to give – I just can’t stress it enough.”
He added that he “can’t wait” until some of “bleeding heart judges” in the system retire.
Asked about the independence of the judiciary, Ford said “every judge in this country has been politically appointed” and said the previous Liberal government would never have appointed a “a tough on crime, conservative-minded judge.”
Responding to Ford’s comments, NDP Leader Marit Stiles said in a social media post that the premier was injecting U.S.-style politics into the court system and called on him to retract his statement.
“Premier, with all due respect — bringing U.S.-style politics into our courts, especially now, is un-Canadian,” Stiles wrote on X. “I expect the Premier to walk back his comments and stand up for the values Canadians are proud to defend.”
In a statement, the Canadian Civil Liberties Association (CCLA) called Ford’s comments “deeply alarming” and challenged the notion that it’s easy to get bail.
“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,” wrote Shakir Rahim, director of the CCLA’s Criminal Justice Program. “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.”He said the CCLA is repeating its call for the federal and provincial governments to collect comprehensive data about the bail system.
“Policy and law reform must be based on sound evidence, not soundbites,” Rahim said.
Ontario making changes to judge selection
The Ford government said earlier this week that it plans to strengthen the courts’ ability to deal with serious crimes by “streamlining the judicial selection process.”
The proposed changes include a new pool-based recommendation process for judicial positions that the government says would speed up appointments to the Ontario Court of Justice. The Judicial Appointments Advisory Committee would also be required to consider criteria set out by the Attorney General when reviewing and evaluating judicial candidates.
“We’re looking for people who understand the community, who understand what’s going on in the community, who understand the frustration that individuals in the community are feeling when they’re on the victimization side,” Attorney General Doug Downey said when asked about the criteria that will be used to evaluate judges.
“We are hearing from people as politicians. We hear from people who are afraid in their own driveways, and that is not acceptable. We need judges who will take the law, apply the law, understand where community sentiment is at. I think that’s an important piece of the puzzle.”
He said life experience and background could be factors in deciding which judges “help protect our communities.”
Province to implement bail changes
Ford made the comments while speaking with reporters following an announcement about bail reform. He said his government will be introducing a suite of measures to strengthen the bail system this week.
Those measures include permanent “Intensive Serious Violent Crime Bail Teams” that would focus on making the most persuasive case possible at bail hearings involving serious and violent crimes, and checking in with bail compliance units to make sure there have been no breaches.
The government also wants to make those required to wear GPS ankle bracelets pay user fees to recoup the cost of the system.
Ford said he spoke with newly elected prime minister Mark Carney yesterday and he plans to press him on toughening federal bail laws.
