Danielle Smith seeks constitutional change for provincial role in judge appointments

Alberta is moving toward a constitutional challenge after Danielle Smith announced plans to seek formal changes that would give provinces greater authority in selecting superior court judges.

The proposal follows a joint letter sent by Smith along with premiers from Ontario, Saskatchewan, and Quebec to Mark Carney requesting that only judges recommended and approved by provincial governments be appointed at the provincial superior court level.

That request was quickly rejected by Sean Fraser, prompting Alberta to escalate its approach through a legislative motion.

Smith and Mickey Amery said Alberta’s legislature will introduce a motion calling for constitutional amendment, with hopes that Parliament, the Senate, and additional provinces will support the initiative.

Officials explained that Quebec had already passed a similar motion nearly a year earlier, and Alberta plans to adopt identical language.

At present, Canada’s Constitution grants the federal government exclusive authority to appoint judges to superior and appeal courts across the provinces.

Changing that system would require broad approval, including support in the House of Commons, the Senate, and at least seven provinces representing more than half of Canada’s population.

Another constitutional route could apply if amendments affect only selected provinces rather than the entire federation.

Smith argues that provinces should have a stronger voice because judicial decisions directly shape local justice systems and public trust.

She says Canada differs from countries such as United States and Australia where subnational governments have stronger roles in judicial appointments.

Critics, however, warn that the proposal risks increasing political influence over the courts.

Bianca Kratt said comparisons with other countries overlook the unique constitutional role Canadian judges play, especially because they can rule on federal legislation and constitutional rights.

Canadian Bar Association has argued that Canada’s current appointment framework is designed to protect judicial independence from political pressure.

Opposition voices inside Alberta have also challenged the government’s credibility on judicial matters.

Irfan Sabir said recent criticism by Smith of court decisions and judges weakens confidence in claims that the reform would strengthen judicial independence.

He argued the proposal reflects another unnecessary dispute between Alberta and Ottawa rather than a carefully balanced justice reform effort.

Smith had earlier warned that Alberta could reconsider some court funding arrangements if Ottawa ignored calls for change, although provincial officials now say regular funding remains in place for the current fiscal year.

Under Alberta’s earlier proposal, a new appointment review committee would include equal federal and provincial representation when evaluating judicial candidates.

The current committee structure includes seven members, with three federal representatives, one provincial representative, and appointments linked to the chief justice, law society, and provincial legal association.

Similar advisory committees currently operate in every province and territory across Canada as part of the national judicial appointment system.

Courtesy: thecanadianpressnews