Albertans will have a lot to consider when they cast their votes in the upcoming October referendum, ranging from familiar topics like immigration and separation to potentially less top-of-mind issues. One of the less discussed matters is who should have the authority to appoint 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 Canada’s Confederation in 1867. However, Alberta is looking to alter this arrangement. The province’s justice ministry argues that provinces should have a direct say in selecting judges who will interpret and enforce their laws. Critics have differing opinions on whether the existing process adequately involves Alberta in the selection of judges.
Despite previous rejections by Ottawa, Alberta is pressing forward with its efforts for reform. The referendum does not guarantee immediate change but rather serves as a step towards pursuing a constitutional amendment. This would necessitate the support of Parliament and at least seven provinces representing over half of Canada’s population.
The discussion on judicial appointments in Alberta has gained momentum, with the province passing a motion earlier this year seeking a constitutional amendment to require the federal government to choose superior court judges from a province-approved list. The referendum will go a step further by asking Albertans if the province should have the authority to make these appointments independently.
Provincial leaders, including Saskatchewan Premier Scott Moe, have advocated for a more formal role for provinces in judicial appointments, emphasizing that provinces understand their communities best. The current system involves a judicial advisory committee that screens judicial candidates for Alberta’s federally appointed courts. While some defend this system as rigorous and merit-based, others argue it may introduce bias.
The debate over judicial appointments underscores the importance of a non-partisan judiciary that upholds the rule of law. Alberta’s Justice Minister Mickey Amery contends that the current system does not provide provinces with a significant voice in judicial appointments, prompting the push for reform.
Alberta Premier Danielle Smith has suggested that greater provincial control could better align judges with the province’s legal traditions. However, critics, including the Canadian Bar Association, caution against implicit criticisms of sitting judges and stress the importance of judicial independence.
The province’s efforts for reform aim to address concerns around delays in filling judicial vacancies and to give Alberta a stronger role in the appointment process. While a positive vote in the referendum wouldn’t immediately grant Alberta the power to appoint its own judges, it would signal a mandate for the government to continue pursuing this reform.
