The Law Society of BC wishes to express its concerns that the opinions recently expressed by Premier David Eby, relating to the tragic events at the Lapu-Lapu Day Festival on April 26, are an inappropriate infringement on judicial independence.
The Law Society unequivocally expresses its support for the victims, their families, witnesses, the Filipino community and all those affected by this horrific tragedy. Adam Kai-Ji Lo, who is accused of carrying out the attack that killed 11 people and injured dozens of others at the festival was arrested and charged, and is undergoing a court-ordered psychiatric assessment to determine if he is fit to stand trial.
We stand with those who were affected by these events, as well as all citizens who are deeply concerned about the attack and want to see justice done. However, our democratic system requires that all persons accused of a crime are entitled to due process, entirely free from political interference. The rule of law, a fundamental principle that stands to protect citizens systemically from the arbitrary exercise of power, requires that a person who is charged with an offence is convicted only through due process, uninfluenced by political considerations or opinions.
Premier Eby recently expressed publicly his opinion that Lo is a “murderer” and should spend the rest of his life in prison. By virtue of his role as leader of the government, his statements, even when expressed as opinions, carry weight that could fairly be viewed as interfering with the trial process and the independence of our courts. While Premier Eby has rightly stated that he respects the independence of the court, that independence would be better preserved if he refrained from pre-judging the outcome of the court’s processes.
The government has an important obligation to ensure public safety, and it is appropriate for the Premier to discuss ways to ensure and improve the security of all British Columbians. Nevertheless, opinions and critiques by government officials about individual cases, even when framed as personal opinion, can undermine public confidence in the administration of justice and threaten the rule of law here in BC. Eby, who was formerly a lawyer and Attorney General, ought to know and have greater respect for these fundamental tenets of our democracy and system of justice.
