Alberta's judicial independence faces a test

Alberta Premier Danielle Smith has proposed changes to the judicial appointment process and warned she may withhold funding for court support staff; the federal government declined to alter the process, saying judicial independence must be protected.

Alberta's premier has proposed changes to how judges are chosen and has signalled she may withhold provincial funding for court support staff. The proposal would replace the current seven-member advisory committee with a four-person panel described as non-partisan, with two provincial picks and two federal picks. Federal officials have declined to change the existing appointment process and have emphasized the importance of an independent judiciary. Chief justices of Alberta's top courts issued a rare public statement underlining the need for separation among the executive, legislative and judicial branches. Key points: - Premier Danielle Smith has publicly questioned whether judges appointed by the federal government reflect the will of Albertans and criticized unelected judges making unilateral decisions. - She proposed a smaller panel of "four non-partisan experts," with two selections from her United Conservative Party government and two from the federal side, and sought a greater role in Supreme Court appointments. - Smith threatened to withhold funding that pays for judges' support staff, including legal counsel, judicial assistants, sheriffs and court clerks, if Ottawa did not accept her proposal. - Federal Justice Minister Sean Fraser said he would not alter the appointment process and said protecting judicial independence includes avoiding political threats to court resources. - The chief justices of Alberta's top courts issued an uncommon public statement saying a properly functioning democracy requires separate branches of government and mutual respect among them. Summary: The dispute highlights tensions over control of judicial appointments and the resources that support courts. Undetermined at this time.