Alberta Pushing For Constitutional Change To Give Provinces Say Over Appointment Of Judges

The government of Alberta is calling for a major constitutional change that would allow provinces to have a greater role in the appointment of judges. Premier Danielle Smith is leading this effort, arguing that provinces should have more influence over decisions that affect their own justice systems.

Along with premiers from Ontario, Saskatchewan, and Quebec, Smith recently sent a letter to Prime Minister Mark Carney requesting that only candidates approved or recommended by provincial governments be considered for judicial appointments. However, this request was quickly rejected by federal Justice Minister Sean Fraser, prompting Alberta to push for stronger action.

In response, Alberta plans to introduce a motion in its legislature to formally seek an amendment to the Constitution. This move is intended to build support from other provinces, as well as from the federal Parliament and Senate. According to officials, a constitutional amendment of this kind would require approval from at least seven provinces representing more than half of Canada’s population, along with federal consent.

Currently, under Canada’s Constitution, the federal government has the sole authority to appoint judges to provincial superior and appeal courts. Alberta’s leadership believes this system limits provincial input in decisions that directly affect local justice systems. Smith has stated that giving provinces a stronger voice would improve public confidence and ensure that judicial appointments better reflect regional needs.

However, the proposal has faced strong criticism from legal experts and organizations. Canadian Bar Association President Bianca Kratt warned that such changes could risk politicizing the judicial system. She emphasized that Canada’s legal framework is different from countries like the United States, where state governments play a larger role in judicial appointments.

Critics argue that allowing provincial governments to influence judge selection could undermine the independence of the courts. They believe that the current system is designed to keep politics separate from the judiciary, ensuring fair and unbiased decision-making.

Opposition voices have also raised concerns. Alberta NDP justice critic Irfan Sabir questioned the government’s intentions, suggesting that recent criticisms of judges by political leaders could weaken trust in the system rather than strengthen it.

Despite the opposition, Alberta’s government remains firm in its position. Officials argue that reform is necessary to modernize the system and give provinces a meaningful role in shaping their judicial systems. The debate now moves toward whether other provinces and federal institutions will support such a significant constitutional change.

The issue highlights a growing discussion in Canada about the balance of power between federal and provincial governments, especially in areas as critical as the justice system.