Alberta demands constitutional change to reshape provincial judge appointments
Alberta's government is pushing for a constitutional change to give provinces a greater role in appointing provincial judges. Premier Danielle Smith and three other provincial leaders have formally requested that Ottawa amend the Constitution, arguing that local approval would improve trust in the justice system.
The move follows repeated calls from Alberta, which has previously threatened to withhold court funding if its demands were ignored. Now, the province plans to introduce a motion in its legislature, mirroring a similar step taken by Quebec last year. The current Constitution allows the federal government to appoint judges to provincial superior and appeal courts. Alberta's Justice Minister has long criticised this system, claiming it undermines provincial authority. Last week, Premier Smith and three other premiers sent a joint letter to Prime Minister Mark Carney, urging a shift in power.
Ottawa quickly dismissed the request. Justice Minister Sean Fraser rejected the proposal, prompting Alberta to escalate its campaign. The province now intends to pass a legislative motion demanding constitutional reform. This motion will replicate one approved by Quebec in 2023, reinforcing the call for provincial input.
Under constitutional rules, such an amendment would need approval from the House of Commons, the Senate, and at least seven provinces representing over half of Canada's population. However, if Alberta pursues a change affecting only its own judicial system, the process could be simpler—requiring only the province's legislative consent under Section 43 of the Constitution Act, 1982.
Opposition NDP critic Irfan Sabir questioned Premier Smith's commitment to judicial independence. He argued that her government's approach risks politicising the courts rather than strengthening them. Alberta has previously warned it would cut funding for provincial courts if Ottawa refused to cooperate on judicial reforms. The federal government has so far refused to consider the premiers' request. Alberta's planned motion will formalise its demand for constitutional change, setting the stage for a potential legal and political standoff.
If successful, the amendment would mark a significant shift in how provincial judges are appointed. For now, the dispute highlights growing tensions between Ottawa and provinces over control of the justice system.
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