This commentary discusses the historical importance of the independence and fairness of the British courts and its impact on investors. Foreigners investing in British ventures felt confident in the impartial and fair hearing they would receive in British courts. The application of British law rested on impartial principles, not on national preference or the government’s pleasure. Judicial independence is established in the Canadian Constitution Act of 1867, but the author argues that it was compromised during the COVID-19 government policy overreach.
The federal government suffered three significant legal setbacks in court, indicating that the courts displayed independent attitudes from Ottawa’s overreaching policies. These cases did not directly address the autonomy of the courts from the government, but their decisions suggested that the courts were independent from the government’s influence.
The article also discusses specific cases where the federal government’s policies were challenged and ruled to be unconstitutional. The federal government’s reaction to these rulings is seen as immature and concerning, as it suggests an unwillingness to accept defeat and appeals that go to extreme lengths to win. The author argues that such an attitude casts a shadow of doubt on foreign expectations of the courts rendering a fair judgment in the event of a conflict with the federal government.
The return to the reality and perception of judicial independence after the COVID regime hiatus is welcomed by the author, as it is essential for maintaining the rule of law for citizens and foreigners. The article concludes by expressing the author’s opinion that maintaining the rule of law is crucial for citizens and foreigners, particularly in the face of challenges to judicial independence.