“In a speech to the University of Western Ontario’s law faculty last week, Immigration Minister Jason Kenney launched an attack on Federal Court judges for rendering decisions he didn’t agree with. He suggested the judges were preventing him from properly administering the immigration program. […]
The judges do not work, and should not be seen to work, for Prime Minister Stephen Harper or his immigration minister. And because of their special role in society, they aren’t expected to participate openly in the political process. Indeed, you haven’t heard the Federal Court respond to Mr. Kenney, despite his misrepresentation of cases, jurisprudence and statistical evidence. Judges don’t reply because they understand the importance of not becoming politicized.
When Mr. Kenney publicly criticizes judges for interpreting the law in a manner that diverges from his own preferred outcome, he shows contempt for judicial independence. That’s not to say the minister can’t take action when he disagrees with a court’s decision. As a member of cabinet, he has the power to introduce into Parliament amendments to any federal law. The cabinet may also pass regulations implementing existing law. The government possesses the unique jurisdiction to change the law to conform to his views. But using an address to a law school – of all places – to take potshots at judicial decisions the government doesn’t like is an inappropriate exploitation of political office.”
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