Madam Speaker, certainly there have been some examples of this kind of decision making by judges that has adversely affected law enforcement.
One of the most recent examples was the requirement for police officers to obtain a warrant to arrest someone they knew had committed a crime. The officers would approach the house and see the offender's car parked there. They would go to the door and his boots and hat would be sitting inside. His wife would be there and they would see the bathroom door closed. The officers knew the suspect was there but could not go inside to arrest him. They had to try to get a warrant and come back later. Of course when they returned he was gone.
The judges making decisions that result in new law is a serious concern. We have seen a couple examples recently where provincial government justice ministers were talking about the primacy of parliament being usurped by the courts. In fact, they are being pressured so heavily and so badly that they are considering using the notwithstanding clause of the constitution in order to have some control over judges.
Judges have to be independent. However, parliament is the rule of law of the land and judges come under parliament. It seems like parliament is becoming second place, which forces us into the use of a club, the notwithstanding clause, to swat a little mosquito.
The comments I am making regarding the accountability of judges are that while they are independent they must be accountable to someone. They cannot be a law unto themselves. If things continue the way they apparently have over the past years, eventually parliament will have to come up with a radical surgical solution to correct the situation.