The erosion of judicial impartiality
Ideology is impacting the highest courts' independence as political influences threaten the core principle of impartial justice.
In recent years, there’s been growing concern that Canada’s judiciary, once the bastion of impartiality and justice, is becoming increasingly influenced by political agendas. This trend is most evident in the Supreme Court of Canada’s recent decision to distance itself from the platform X, signalling the disturbing shift in the Court’s relationship with the public and validating concern around the erosion of judicial neutrality.
The Supreme Court’s announcement emphasized that it would focus its communication efforts on platforms like LinkedIn, Facebook, Instagram, and YouTube, effectively abandoning X. Strangely, the Court expressed thanks to Canadians for their "support," a phrase that seems at odds with the traditional expectation that the judiciary serves the people without prejudice and without seeking validation from any political faction or platform.
Dear subscribers – moving forward, we will be focusing our communication efforts on other platforms. We invite you to follow us on our LinkedIn, Facebook, Instagram and YouTube accounts to continue receiving our updates. Thank you for your support!
— Supreme Court of Canada (@SCC_eng) February 26, 2025
What’s more, the Supreme Court did not offer an explanation for the decision. When questioned by Rupa Subramanya of the Free Press, their official response cited "strategic priorities and resource allocation" as the reasons for leaving X. However, according to the National Post, under Chief Justice Richard Wagner, the Supreme Court of Canada has shifted from a neutral institution to one obsessed with publicity, making this move a troubling and partisan one, especially given their large following on X.
"The Supreme Court had no immediate response when The Canadian Press asked it why it is distancing itself from the social media platform."
— Rupa Subramanya (@rupasubramanya) February 26, 2025
Interesting that @SCC_eng responded to me but not to Canadian Press. 😎🚬 https://t.co/84nJMeDmBc pic.twitter.com/xdFin76sfb
This shift in approach isn't just about social media; it’s indicative of a broader trend where the judiciary appears to be increasingly susceptible to political ideologies. Just one week prior to the Supreme Court’s decision, the Advocates Society, a key defender of judicial independence, also announced their departure from X, raising questions about potential political pressures on legal institutions in Canada.
Hello TAS followers. This will be our last post on X but you can find us on LinkedIn https://t.co/lJLBTk3Fhs to keep up on all the great things happening at TAS. Updates on new social handles will be posted there. Thanks for your engagement and support over the years. #TASProud pic.twitter.com/M6vpMgO4Nn
— Advocates' Society (@Advocates_Soc) February 21, 2025
The larger issue is clear: when the courts, which are meant to safeguard fairness and impartiality, become influenced by political ideologies, the very foundation of justice is at risk. The Canadian Bar Association (CBA) recently expressed growing concern over external pressures on the judiciary, noting threats to the rule of law in both Canada and the U.S. The CBA's concerns echo those of the American Bar Association, which has been vocal about increasing political attacks on judges.
The response comes after Elon Musk criticized the U.S. judiciary recently, calling for corrupt judges to be impeached, claiming the country faces a "TYRANNY of the JUDICIARY" after court rulings blocked some of President Trump’s executive orders.
The only way to restore rule of the people in America is to impeach judges. No one is above the law, including judges.
— Elon Musk (@elonmusk) February 25, 2025
That is what it took to fix El Salvador. Same applies to America. https://t.co/HtPINo6ngU
Musk argued that if judges can block presidential decisions, democracy is compromised.
Meanwhile, the lack of action from courts against militant groups like Antifa, including instances where Antifa's influence on the judiciary appears to go unchecked, highlights the growing ideological influence within legal institutions and a concerning decline in judicial impartiality.
Judicial impartiality is essential for the fair application of the law. However, if courts become aligned with specific political viewpoints, they risk compromising the integrity of the rule of law. The Supreme Court's recent actions — coupled with similar developments in the U.S. — highlight the dangers of political influence infiltrating institutions that are supposed to operate free from such pressures.
As we move forward, both Canadian and American citizens must remain vigilant in defending judicial independence. If left unchecked, the impartiality of our legal systems may become a thing of the past.
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COMMENTS
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Bernhard Jatzezck commented 2025-03-13 21:36:45 -0400Their impartiality extends only to how it might profit their political benefactors….. or was Trudeau’s always being let off the hook purely coincidental? -
Bruce Atchison commented 2025-03-13 19:42:09 -0400I do hope Pierre Poilievre fixes the Supreme Court. They shouldn’t be partisan and must judge cases fairly.
