Justice is vital for life much like water, food, and shelter.

Civilization has plumbing, supermarkets, and buildings to serve these needs, it also has the judiciary to serve justice where needed. One may attribute the mark of distinction between man and animal to an opposable digit or a superior intelligence, but the real mark lies in man’s capacity to exercise justice in lieu of force. In the animal kingdom it is the mighty that prevail, not the righteous. Thanks to the institution of the judiciary, human civilization can recognize the prevalence of justice regardless of might or power. While humanity is capable of this great act of superiority it often falls back to the old primal standby.

This is why the judiciary must be protected from those who wish to corrupt it. We are fortunate in Canada that the appropriate measures have been put in place to protect our administrators of justice from influence and coercion. The creation of the judiciary as a separate entity from both the government and the populace is the most important of these measures. Independence of the Judiciary means that judges are free to exercise their judgment without the influence of the government or any other third party.

We have judges in our society to settle disputes and pass justice in accordance with the law.

As a child looks to a parent to dictate what is right and what is wrong, so does society to the judiciary. While it is certainly true that not everyone agrees with every single court ruling, neither does a child to a parent’s will, but it is irrelevant as we still continue to look to them for guidance. Society has given them tremendous power; power to condemn a man to life imprisonment; power to set precedents, and in turn society expects a great deal from them.

To be entrusted with such power, a person must be a lawyer with at least ten years of experience and meet the stringent requirements set out by the provincial and federal governing bodies concerning the judiciary. These requirements include among other things, a glowing reference from the Canadian Bar Association and positive testimonies from every judge before whom the applicant has appeared. Even if approved, a judge must still be chosen out of a pool of other applicants by the Attorney-General or Governor in Council, depending on the court. Once appointed a judge can be removed for incapacity or misconduct. Pending good behaviour, however, a judge can expect to serve until retirement or the age of 75. In addition to holding tremendous power, they can wield it for decades-all the more reason to protect them from outside influences.

Protecting the judiciary involves separating it from both society and state.

Although judges are technically employed by the government, they are in no way subordinate. Their jobs are secure regardless of their rulings, barring gross misconduct. Their salaries and pensions are fixed. In addition, the government does not choose who hears a particular case. To protect judges from outside influences it is a requirement that they hold no other paying positions either in the government or in the private sector. This ensures that they remain free from bias.

To further protect judges from societal influences, they are appointed rather than elected. This allows judges to pass rulings without being swayed in any way by public opinion since an elected judge would most certainly be conscious of the effect an unpopular verdict would have come election time. Protecting the judiciary from outside influences maintains its independence, and even more importantly, maintains the public’s faith in the justice system.

Maintaining this independence is crucial.

It is imperative that judges always appear impartial and avoid conducting themselves in a way that could indicate bias. If not, then the entire fairness of the court could be called into question. The trust that society has for the judiciary could be lost. In a position where one wields such power, a leaning to one side or the other is unacceptable, ethically and to society.

Independence of the Judiciary means removing it from the government and protecting it from outside influences. This is accomplished by limiting government control over the judiciary, prohibiting judges from holding other jobs, and by having them appointed on merit rather than being elected by public opinion. Justice is truly vital for civilization, but in an increasingly smaller world with an increasingly larger population the true mark of superiority will not distinguish those who are capable of justice, but those who can hold on to it.