Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges

Law360 Canada (February 4, 2026, 3:23 PM EST) -- Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up.

In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”

“We are simply asking for a formal and meaningful role in the judicial appointment process that would boost public confidence in the administration of justice, support national unity within Alberta, and ensure judicial decision-making reflects the values and expectations of Albertans,” she said in a statement.

Smith’s position was echoed by Alberta Justice Minister and Attorney General Mickey Amery, who said provinces deserve a say in judicial appointments. He pointed to Quebec, where he said there was a “highly collaborative” process when appointing people to the bench.

“For the three of nine seats reserved for Quebec on the Supreme Court of Canada, a specific board is formed that includes two members appointed by the federal government and two appointed by Quebec,” he said.

Amery said Alberta has proposed a special advisory committee be put in place for the province, consisting of four non-partisan experts from Alberta and the federal government.

“The highest levels of Alberta’s justice system should reflect Albertans, and allowing their input and the appointment of justices that reflect the wide spectrum of Albertan identity would enhance trust in Canada’s legal precepts,” he said.

University of Alberta law professor Gerard Kennedy said Smith’s request for a greater say was a “reasonable ask,” but it was up to the federal government whether they want to grant it.

“There’s nothing unusual with suggesting a province should have a larger role in the process — it was actually a significant bone of contention during the Meech Lake and Charlottetown Accord negotiations,” he said.

But Smith and Amery’s calls were rebuffed by Justice Minister Sean Fraser, who said he intends to maintain the current appointment process, which is “working very well.”

“We’ve got independent judicial advisory committees with appointees that factor in feedback from the provinces. We’ve got representatives of the law societies, of the Canadian Bar Association, of the federal government who are able to make independent recommendations,” he said. “Those are fed into our process.”

Canada needs to adhere to the boundaries of the Constitution, said Fraser, including the need to protect the independence of the judiciary.

“These are values that we have taken for granted for many years as Canadians, but as examples around the world have showcased, nowhere is safe from democratic backsliding, and if we’re going to have a functioning democracy, an independent judiciary is a key part of it,” he said.

Kennedy said the current judicial appointment committees in Canada do have representatives appointed by provincial governments but also noted — as recognized by Amery — the process for Supreme Court vacancies in Quebec is different. He also said refusing to provide support for new justices would likely be constitutional — but whether that is a good idea from an administrative and access-to-justice perspective is another question.

“Under the constitutional order, the federal government has the power to appoint judges to the superior courts and courts of appeal, but the province has the jurisdiction over the administration of justice,” he said. “So, it was very challenging for the federal government to create a new judicial position in the absence of the provincial government providing support for it.”

In a joint letter released Feb. 5, Canadian Bar Association (CBA) president Bianca Kratt and CBA Alberta branch president Christopher Samuel said they have “grave concerns” about the province’s proposal for a joint committee and any approach to judicial appointments must respect fundamental principles — transparency, the non-partisan nature of the appointment process and preservation of judicial independence.

“Your proposal to establish a four-person committee requiring both federal and provincial ministerial approval before appointments proceed would fundamentally compromise these principles,” the letter said. “The suggestion in your letter that judges who are appointed through [the current appointment process] do not reflect the ‘values and expectations of Albertans’ underscores the political nature of your proposal.”

And Smith’s suggestion that she would withhold funding for judicial appointees is particularly concerning, the letter said.

“While the federal government appoints and pays judges, provincial governments are responsible for the administration of the courts, including court infrastructure and support services,” the letter said. “Threatening to withhold this funding is not only unconstitutional, but also undermines the administrative autonomy of the courts, which is a core institutional safeguard of judicial independence. This tactic would also create real hardship for Albertans seeking to resolve their legal disputes before the courts and undermine public safety by exacerbating delays in criminal proceedings.”

If Alberta is genuinely concerned about access to justice, Kratt and Samuel said, it should invest in court infrastructure rather than leverage funding to advance demands that are inconsistent with the Constitution.

“Adequate and stable resourcing for the justice system must remain a priority,” the letter said. “Tactics that delay or obstruct judicial appointments ultimately punish Albertans by limiting access to a properly functioning justice system.”

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