ACTLA Calls for Respect for Judicial Independence and the Rule of Law

The Alberta Civil Trial Lawyers Association (ACTLA) is deeply concerned about recent public statements and developments that undermine confidence in Alberta's justice system and the constitutional principle of judicial independence.

EDMONTON, AB, Feb. 6, 2026 /CNW/ - Premier Danielle Smith's recent comments and correspondence regarding both the impartiality of judges and threats to withhold funds pending a larger role in judge selection are disturbing. These comments threaten to undermine public confidence in our judicial system and suggest that future federal cooperation or funding may be affected unless the provincial government has greater input into judicial outcomes or appointments. For those who work within and access the justice system, tying judicial capacity to political leverage sends a chilling message. 

"Courts must be free to decide cases based on the law and the evidence, without fear that their decisions will result in financial or political consequences," said Jillian Gamez, President of ACTLA. "When judicial outcomes are framed as justification for withholding funding or exerting pressure, public confidence in the independence of the courts is put at risk." 

Judicial independence exists to protect the public, not judges themselves. It ensures that individuals and governments alike are subject to the law, and that disputes are resolved fairly, impartially, and without political influence. That independence depends not only on constitutional structure, but also on restraint and care in public commentary by those in positions of authority.

ACTLA notes and supports the concerns raised by legal associations, advocacy organizations, and individual members of the profession who have recently spoken publicly about the importance of respecting the separation of powers and maintaining confidence in the justice system. These voices reflect a shared professional commitment to the rule of law.

ACTLA is also concerned about the Alberta Law Foundation's decision not to approve grant funding for the Alberta Civil Liberties Research Centre. Independent legal research and public legal education organizations play a vital role in helping Albertans understand their rights and in supporting accountability within the justice system.

"Access to justice depends on more than access to courts," Gamez added. "It depends on strong, independent institutions that support legal education, research, and informed public dialogue. When those institutions are weakened, the impact is felt most directly by the public."

Taken together, these developments underscore the importance of a renewed commitment to the constitutional principles that underpin our justice system, including judicial independence, respect for the separation of powers, and support for institutions that promote access to justice.

ACTLA urges all governments to approach justice policy and public commentary with care, recognizing that public confidence in the legal system is essential and must be protected.

ACTLA (1986) is dedicated to advancing jurisprudence, improving the adversary system and trial by jury, promoting the administration of justice, and advocating for the public good.www.actla.com

SOURCE Alberta Civil Trial Lawyers Association

Media Contact: Erin Stroud, Executive Director ACTLA