Albertans face a multitude of considerations as they participate in the upcoming referendum in October. While some topics are familiar, such as immigration and separation, others may not be at the forefront of voters’ minds. One lesser-known issue to be decided is who should be responsible for appointing judges to Alberta’s highest courts, the Court of King’s Bench and the Court of Appeal.
Currently, judges for these courts are appointed by the federal government, a practice that has been in place since the founding of Canada in 1867. Alberta is seeking to change this system to have a more direct say in selecting judges who will interpret and apply the province’s laws. However, critics question whether the existing process already provides Alberta with meaningful input.
Efforts to reform the appointment process have been ongoing, with Alberta’s legislature passing a motion earlier this year to seek a constitutional amendment for the federal government to select superior court judges from a list approved by the province. The upcoming referendum will ask Albertans whether the province should pursue the authority to make these appointments independently.
Provinces like Alberta, Ontario, Quebec, and Saskatchewan have been advocating for a more formal role in judicial appointments, arguing that they know their communities best and that the courts should reflect each province’s realities. However, any constitutional change in this regard would require the support of Parliament and at least seven provinces representing half of Canada’s population.
The current process involves a judicial advisory committee that screens candidates for Alberta’s federally appointed courts. This committee evaluates candidates based on merit and sends recommendations to Ottawa for final selection by the federal justice minister. While some defend the existing process as rigorous and non-partisan, others argue that it may introduce bias and ideological considerations.
Alberta’s Justice Minister asserts that provinces lack a significant voice in the appointment of superior court judges, prompting the referendum to consider potential changes to the system. Premier Danielle Smith has emphasized the need for judges to reflect Alberta’s distinct legal traditions, although critics caution against any implication that judges should align with government preferences.
Advocates for reform argue that granting Alberta a greater role in judicial appointments could expedite the filling of vacancies. While delays in federal appointments have been a concern, recent efforts have seen improved efficiency. A “yes” vote on the referendum would not immediately grant Alberta the power to appoint its own judges but would signal support for the government to continue pursuing reform in this area.