Alberta calling for constitutional amendments to have say in superior court appointments

The UCP is making moves to change Canada's constitution so it can appoint judges to provincial courts. CTV News Edmonton's Miriam Valdes-Carletti reports.

The Alberta government says it intends to introduce a motion calling for constitutional amendments that would give the province a say in superior court appointments.

“The federal government appoints judges to provincial superior courts, even though provinces are responsible for administering those courts,” said Premier Danielle Smith at a press conference Monday afternoon. “Alberta believes strongly that we need to have meaningful say in the judicial appointment process.”

The motion announcement comes nearly a week after Smith, Ontario Premier Doug Ford, Quebec Premier François Legault and Saskatchewan Premier Scott Moe wrote a joint letter to Prime Minister Mark Carney calling for a “collaborative process” to choose judges.

“We are advocating for provincial governments to participate directly in the selection process … This matters because Canada is an outlier among federal systems, comparable countries give state or provincial governments a direct role in judicial appointments,” said Smith.

Canada’s Justice Minister Sean Fraser told media that Ottawa believes the current appointment process is working well.

“Currently, the Federal Judicial Advisory Committee is responsible in assessing the qualifications of judicial candidates, but the current (committee) for Alberta only includes one Government of Alberta nominee, but three nominees from the federal government,” said Alberta Justice Minister Mickey Amery.

“Alberta’s courts should reflect Albertans, not Ottawa.”

Lawyers from across the province have expressed disdain for Smith’s desire to appoint judges, calling it a “steady decline in respect for democracy.”

“These judges are supposed to be impartial. They’re supposed to be unbiased,” said Criminal Trial Lawyers Association co-president Shawn King at a rally earlier this month. “Albertans have put their faith in the justice system. We don’t need people specifically appointed by the government to be able to do that.”

Amery said the collaboration between Ottawa and the provinces in judicial services is already strong, but Alberta is looking for more.

“It’s not an attempt to impede upon the independence of the selection process,” said the minister. “What we’ve always been asking for is a more meaningful and comprehensive collaborative role within that process.”

The minister said if the motion passes in Alberta, it will call on the House of Commons to table a motion and prompt it to look at a bilateral constitutional amendment.

Feedback from the Alberta Next Panel influenced the motion, said the province.

“Albertans called for a stronger provincial role in judicial appointments to ensure the courts reflect the distinct needs of Alberta’s communities,” said a news release.