By Mathilde Beaulieu-Lépine, Local Journalism Initiative Reporter
Alberta is reigniting its standoff with Ottawa over the appointment of federal judges. Provincial legislators adopted a motion Wednesday evening demanding greater influence in the selection of superior court judges, similar to the motion adopted by Quebec last year.
For several months, the Alberta government has been calling for a constitutional amendment that would allow it to select its own candidates for the federal judiciary. Premier Danielle Smith’s persistent requests have so far gone unanswered by the Carney government. On Wednesday, the Alberta government voted to give itself a new tool in its negotiations with the federal government.
While the province is already planning a referendum on the issue of superior court judge selection this fall, the legislators have already voted in favour of the premier’s proposal. “We want to do the same thing as Quebec,” Ms. Smith declared in the Alberta Legislative Assembly.
Specifically, in its motion, Alberta proposes that Ottawa select judges for the Court of King’s Bench (the equivalent of the Superior Court in Quebec) and the Court of Appeal from a list submitted by the province itself. Currently, Ottawa is not required to consult the provinces in its appointment process.
This motion echoes the one unanimously adopted by Quebec in 2025. At the time, Justice Minister Simon Jolin-Barrette referred to the process as “flawed” and deplored the unreasonable “delays” in the appointment of judges.
Unlike Quebec’s motion, the motion was not unanimously adopted in Alberta, with debates focusing primarily on judicial independence and political interference. Ultimately, 46 voted in favour and 14 voted against.
Following the motion adopted Wednesday, Alberta is calling on the federal government to adopt its own motion in the House of Commons to explore the possibility of a bilateral amendment (between the federal government and the province in question) to the Constitution for Alberta and Quebec. A bilateral agreement would mean that the Constitution of Canada could be amended without the consent of the other provinces.
A long-term process
In January, Alberta Premier Danielle Smith sent a letter to Premier Mark Carney requesting more influence in the appointment of judges to Alberta’s federal government. In the same letter, she also demanded greater power in selecting Supreme Court justices for Western Canada. She indicated that she wanted the French-English bilingualism requirement for candidates to be relaxed. Ms. Smith threatened, among other things, to cut funding for new judicial positions if her demands were not met.
These remarks were strongly condemned by French-language advocacy groups, the French Canadian Association of Alberta and the Association of French-Speaking Jurists of Alberta, who saw them as an attack on the rights of Francophones in the province.
Last week, Alberta, Quebec, Ontario, and Saskatchewan again appealed to the federal government in a joint letter. Justice Minister Sean Fraser informed reporters early last week that he would not be responding to the provinces’ requests.
By Mathilde Beaulieu-Lépine, Local Journalism Initiative Reporter, The Duty
