What is the test of judicial independence under s. 11(d) of the Canadian Constitution?
British Columbia, Canada
The following excerpt is from Walter v. British Columbia, 2019 BCCA 221 (CanLII):
Referring to the judgment in Valente v. The Queen, 1985 CanLII 25 (SCC), [1985] 2 S.C.R. 673, Lamer C.J. noted: 111 … In particular, Le Dain J. emphasized that the independence protected by s. 11(d) flowed from “the traditional constitutional value of judicial independence”, which he defined in terms of the relationship of the court or tribunal “to others, particularly the executive branch of government” (p. 685). As I expanded in R. v. Lippé, 1990 CanLII 18 (SCC), [1991] 2 S.C.R. 114, the independence protected by s. 11(d) is the independence of the judiciary from the other branches of government, and bodies which can exercise pressure on the judiciary through power conferred on them by the state. [Emphasis in original.]
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