Danielle Smith calls on Mark Carney to give Alberta more say in selection of judges

Alberta Premier Danielle Smith wrote to Prime Minister Mark Carney seeking a formal provincial role in federal judicial appointments and proposing relaxed bilingualism rules for the Supreme Court; she said she would withhold some judicial funding if Ottawa did not agree.

Alberta Premier Danielle Smith has asked Prime Minister Mark Carney to give the provincial government a formal role in naming judges to higher courts, including the Supreme Court of Canada. In a Jan. 23 letter released Tuesday, she proposed a four-person advisory committee split evenly between Alberta and Ottawa and urged easing bilingualism requirements for the top court. Ms. Smith said she would withhold some judicial funding if Ottawa did not accept the proposed changes. The request follows other recent moves by the premier that have sought more provincial influence over courts. Key points: - Ms. Smith proposed a four-person selection committee with two members chosen by Alberta and two by the federal government, producing a shortlist for ministers to consider. - She asked for an increased provincial role for Supreme Court openings from Western Canada and for reduced bilingualism requirements for Supreme Court judges. - The premier said she would withhold funding related to three open Court of King's Bench positions if Ottawa did not agree; the federal government filled two of those jobs on Jan. 27 and pays most related costs. - Under the Constitution, the federal government appoints judges to higher courts; current judicial advisory committees across Canada include seven members with limited provincial appointees. - The federal Justice Minister’s office, via spokeswoman Lola Dandybaeva, said Ottawa values engagement with Alberta and will continue to act within Canada’s constitutional framework. - Legal experts questioned elements of the proposal, noting that Alberta’s justice system shares common-law roots with other provinces outside Quebec and that provincial representation on the Supreme Court would be difficult; they also noted the bilingualism requirement was strengthened in 2023. Summary: The premier’s letter raises a formal dispute over who should have a deciding role in judicial appointments and the bilingualism standard for the Supreme Court, and it follows other provincial actions affecting the courts. Ottawa has said it will continue to engage while respecting Canada’s constitutional framework. Undetermined at this time.