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“It’s not something that we’re pursuing,” Downey told reporters Thursday as questions about judicial elections overshadowed a news conference on proposed reforms to put child sex traffickers on the sex offender registry, make it easier to get restraining orders against domestic abusers and study involuntary addictions treatment for people in jail. 

“Everybody knows that judicial independence is a bedrock in a democracy,” added Downey, a lawyer.

Fearing that Ford does not, Ontario’s Chief Justices Michael Tulloch, Geoffrey Morawetz and Sharon Nicklas issued a rare statement following remarks from the premier including his assertion that “judges should not determine items like bike lanes ... because of ideology.”

“We get elected democratically,” Ford said Wednesday, noting his government passed legislation and was re-elected to a third majority on Feb. 27 on a platform that included removing bikeways on Bloor, Yonge and University. “Last I checked, there hasn’t been any judges elected. Maybe that’s the problem.” 

The three justices stressed judicial independence is key to the rule of law.

“A judge must be, and must be seen to be, free to decide each case on its own merits, without interference or influence of any kind from any source, including politicians,” they wrote, echoing concerns raised by the Canadian Civil Liberties Association.

“Every Canadian has the right to have their legal issues decided by fair and impartial judges ... so the public can be confident that judicial decisions are made without bias.”

Downey defended Ford for his remarks about judges, saying “the frustration that it comes from is real,” including the premier’s concerns that “bleeding heart judges” are letting too many violent criminals out on bail. 

“It is important that we go after the offenders, the violent repeat offenders,” the attorney general added. 

Ford repeatedly evaded questions about his controversial comments in the legislature’s question period Thursday, leaving Downey to dismiss them as “nonsense” as he touted measures the government is taking to clamp down on crimes, including a rash of car thefts and home invasions.  

Liberal House Leader John Fraser said the premier’s remark “let’s start electing our judges, holding them accountable” is even more alarming when coupled with his failed 2019 attempt to make family friend Ron Taverner, a º£½ÇÉçÇø¹ÙÍøpolice superintendent, commissioner of the Ontario Provincial Police.

He challenged Ford to clarify his position.

“Where I come from, if you say something out loud, a whole bunch of things out loud, you have to at least ... have the cojones to stand up and respond,” Fraser said. 

Ford remained in his seat.

“It’s a shame the premier doesn’t understand judges don’t work for him or any other politician,” New Democrat MPP Kristyn Wong-Tam said minutes later. 

In the bike lane injunction decision April 22, Justice Paul Schabas ruled Ontario government lawyers provided “no evidence” of an urgent need to proceed with removing bike lanes on Bloor Street, Yonge Street and University Avenue, noting they are “more easily removed than rebuilt or restored.” 

The injunction came as Schabas weighs a Charter challenge of the removal of bike lanes. The injunction was filed by cycling advocates who say removing the lanes violates Charter rights to life and security of the person. The government is appealing the injunction decision. 

Opposition parties said they will take a close look at the fine print in Downey’s proposed justice reforms in a bill called the “Protect Ontario Through Safer Streets and Stronger Communities Act” tabled in the legislature Thursday afternoon.

“I don’t understand why the province is talking about involuntary treatment when they haven’t provided enough funding for people who actually want to access treatment” for which the wait lists are “unacceptably long,” said Green Leader Mike Schreiner.