Alberta’s government is calling on Ottawa to amend the Constitution to give provinces more say in how judges are appointed at the provincial level.
Video: Alberta calling for constitutional change to give provinces say over judge picks
It comes after Premier Danielle Smith and the premiers of Ontario, Saskatchewan and Quebec wrote a letter to Prime Minister Mark Carney last week saying they would like to see only judges who are approved and recommended by their governments be appointed.
That request was quickly brushed aside by federal Justice Minister Sean Fraser, and Alberta’s government says it now needs to up the ante.
UCP aims to pass resolution calling for judicial change
Smith and Justice Minister Mickey Amery told reporters Monday that the government will pass a motion in the Alberta legislature later this week calling for the necessary changes to the Constitution to have their call put into place. They’re hoping other provinces, Parliament and the Senate will do the same.
Quebec had passed its own motion nearly a year ago, and Smith and Amery said their motion would be identical.
“Thus far we’ve not had the progress that we were hoping for, especially through the sort of diplomatic routes,” Amery said of why the government was now formally calling for an amendment to the Constitution.
“We’re now looking for some more meaningful and consequential changes through the motion, and hopefully through the support of the Parliament.”
Ottawa holds power to appoint provincial superior and appeal court judges
The Constitution currently states that Ottawa alone has the right to appoint provincial superior and appeal court judges. Changing it in this case would require approval in the House of Commons, the Senate, and by at least seven provinces whose combined population represents more than half of all provinces.
The judicial appointment process proposed by the premiers has been criticized as a means of politicizing the courts, but Smith says it’s important for provinces to have a say in how justice is delivered.
“It’s time for Alberta to have a real voice in selecting the judges who serve Albertans,” she said.
Smith also reiterated her argument Monday that Canada is an outlier compared to some other countries, including the U.S. and Australia, where state- or provincial-level judges are appointed by state or provincial governments.
“Addressing this gap will strengthen public confidence in the justice system and ensure provinces have a meaningful voice in appointments that shape how justice is delivered in their communities,” Smith said Monday.
Bianca Kratt, the president of the Canadian Bar Association, which represents more than 40,000 lawyers, judges and other legal professionals, said in her own letter to Carney last week that, for example, comparing Canada to the U.S. wasn’t applicable.
She said the justice system in each country operates under its respective constitutional framework, and in Canada, provincial judges have the authority to strike down federal law, whereas state-level judges are largely limited to state matters.
Opposition NDP says Smith has ‘no credibility’ on judicial file
Opposition NDP critic Irfan Sabir told reporters Monday that Smith had “no credibility” when it came to upholding the justice system, citing various instances in which she has criticized judges as “activists” or called them “unelected judges.”
“Here we are supposed to trust them that they will do something that will strengthen our judiciary? No, this government cannot be trusted,” Sabir said.
“They just find every opportunity that they can (to) pick some needless fight with the federal government.”
Smith had sent another letter to Carney earlier this year asking for judicial reform, and threatened to withhold some court funding should Ottawa ignore the call. Amery said the threat wasn’t off the table but that normal funding had been maintained for the new fiscal year.
The first proposal, which Fraser also quickly dismissed, would establish a new committee to assess potential judicial appointees in Alberta. It would feature an equal number of provincial and federal representatives, Smith had said.
The existing seven-person committee that assesses applications from lawyers for appointment as provincial court judges and makes recommendations to Ottawa includes one representative from the provincial government and three from the federal government.
It also includes appointees from Alberta’s chief justice, the provincial law society and the Canadian Bar Association’s Alberta chapter.
Similar committees exist for every province and territory.
This report by The Canadian Press was first published March 30, 2026.