Premier Danielle Smith says her government will withhold funding to support new judicial appointments in Alberta if the federal government doesn’t give the province a say on who is picked.
In a letter to Prime Minister Mark Carney made public Tuesday, Smith says the appointment process for judges needs reform.
She says she wants the province consulted on future appointments to Alberta’s Court of King’s Bench, the Alberta Court of Appeal, and the Supreme Court of Canada.
Smith’s letter to Carney
Smith proposes a committee that includes Alberta appointees to help assess and recommend King’s Bench and Court of Appeal candidates to justice ministers, and to recommend candidates for the Supreme Court of Canada, to be agreed on by ministers and submitted to the prime minister.
Smith says the collaboration would help ensure the appointments “appropriately reflect Alberta’s distinct legal traditions,” and strengthen public confidence in the administration of justice.
“Alberta’s government will not agree to provide the necessary funding to support any new judicial positions in the province until such engagement and collaboration are provided,” Smith wrote in the letter, dated Jan. 23.
“Providing Alberta with a formal and meaningful role in the appointment process would strengthen public confidence in the administration of justice, promote national unity within Alberta and help ensure judicial decision-making reflects the values and expectations of Albertans.”
Smith wants bilingualism requirement relaxed
She also calls on Carney to relax bilingualism requirements for federal appointees, saying imposing bilingualism on Supreme Court of Canada judges further entrenches both barriers and Western alienation.
She points to the United States and Australia, where states can appoint state-level superior court judges.
“In this respect, Canada remains an outlier, and a discussion on reform is long overdue.”
Shawn King, president of the Criminal Trial Lawyers Association, which represents defence lawyers across the province, said that if Smith follows through on her ultimatum to withhold funding from the courts, the already-stressed justice system will “implode.”
“At least in criminal cases, it means that matters are going to be stayed hand over fist, and who’s going to be blamed for that?”
Potential impacts
King said courts will see more Jordan applications, which are legal motions to dismiss criminal charges due to unreasonable delays in trial.
“This is potentially catastrophic,” he said.
He added it’s currently not unusual to see matters adjourned or rescheduled due to a shortage of judges.
Smith’s letter comes after Alberta’s three chief justices issued a rare public statement last week, urging respect for the independence of the judicial branch and saying democracy only functions when all three branches of government operate independently.
Smith has recently said she wishes she could “direct” judges regarding bail rules and decisions. In recent months, the premier has repeated criticized what she calls “activist” courts and “unelected” judges.
Smith has said she believes in parliamentary supremacy, and in the fall sitting of the legislature, invoked the Charter’s notwithstanding clause four times to shield her government’s laws from court challenges.
This report by The Canadian Press was first published Feb. 3, 2026.