Judicial appointments: Carney government rejects Alberta's demand for greater input

Federal Justice Minister Sean Fraser said Ottawa will not change the current judicial appointment process after Alberta Premier Danielle Smith demanded more provincial input and warned she would withhold provincial funding for judges.

Federal Justice Minister Sean Fraser said the federal government will not change its process for appointing judges after Alberta Premier Danielle Smith demanded a larger provincial role and warned she would withhold provincial funding for judges. Smith sent an open letter to Prime Minister Mark Carney seeking changes before three vacancies on the Court of King's Bench of Alberta are filled and ahead of a planned Supreme Court vacancy following Justice Sheilah Martin's announced retirement at the end of May. The Court of King's Bench judges are appointed by the federal government but are paid by the province. Fraser said the existing process includes provincial input from advisory committees and that protecting judicial independence is central to keeping the current system. Key points: - Smith sent an open letter to Prime Minister Mark Carney demanding more provincial input and stating Alberta would not provide funding for new judicial positions until engagement and collaboration were provided. - There are three vacant seats on the Court of King's Bench of Alberta, and a Supreme Court vacancy for a Western Canada seat is expected after Justice Sheilah Martin retires at the end of May. - Smith proposed an advisory panel with two provincial experts and two federal experts to make joint recommendations to the provincial and federal justice ministers, and she suggested a similar panel for the Supreme Court recommendation to the prime minister. - Smith called for relaxed bilingualism requirements for federal judges, including the functional bilingualism standard for Supreme Court justices, saying it creates barriers for western Canadians. - The current federal selection process includes provincial advisory committees with representatives from the local bar and law society, a member appointed by the province's chief justice, a provincial attorney-general appointee, and three federal representatives. - Alberta's three most senior judges issued a public statement affirming judicial independence after Smith said on a radio show she wished she could “direct” judges. Summary: Fraser said the government will maintain the existing appointment process and will not adopt the changes Smith proposed. Appointments for the Alberta King's Bench vacancies and the Western seat on the Supreme Court are expected to proceed under the current process; precise timing of those appointments was not stated.