John David Phillips
Phillips is not alone in his criticism of government. He received support in 2006 when retiring judge William Ormiston agreed with Phillips’ comments. Chief Justice Marilyn Warren responded to the criticism by saying that "bureaucrats did not tell her what to do". Warren noted that whilst there were disagreements between her and the government from time to time, the judges run the courts, not public servants. Warren said
"The court, as part of our structure of government, is independent. As part of Victoria's constitutional arrangements, the Supreme Court is the third arm of government."
Court system of Canada
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the Legislature of a province, under its constitutional authority over the Administration of Justice in the Province, set out in s. 92(14) of the "Constitution Act, 1867". This head of power gives the Provinces the power to regulate "... the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts". All courts created by a Province, from the small claims court or municipal by-law court, up to the provincial Court of Appeal, are "provincial courts" in this general sense.