Premier Danielle Smith is calling on the Federal Government to reform the federal judicial appointment process.
In a letter to Prime Minister Mark Carney dated Jan 23, Smith said that the province wants a “meaningful role” in judicial appointment. Smith said in her letter that the Alberta Government is willing to withhold “the necessary funding to support any new judicial positions in the province until such engagement and collaboration are provided.”
“Alberta is also calling on the federal government to relax bilingualism requirements for federal judicial appointments that do not reflect Canada’s broader linguistic diversity in Western Canada and alienate Albertans and western Canadians alike,” said Smith in a press release on Feb. 3.
“We are simply asking for a formal and meaningful role in the judicial appointment process that would boost public confidence in the administration of justice, support national unity within Alberta, and ensure judicial decision-making reflects the values and expectations of Albertans.”
The premier is advocating for a special advisory committee that would consist of four non-partisan experts—two appointed by Alberta and two appointed by the federal government. The Committee would assess candidates on a non-partisan basis and ensure potential candidates have the necessary expertise to serve in these important roles. Smith indicated in her letter that “Active provincial engagement would help ensure that these appointments appropriately reflect Alberta’s distinct legal traditions.”
Alberta Justice Minister and Attorney General Mickey Amery pointed to provinces like Quebec, where there is a “collaborative process” when making appointments to the Superior Court of Quebec, the Court of Appeal of Quebec and the Supreme Court of Canada.
“The highest levels of Alberta’s justice system should reflect Albertans, and allowing their input and the appointment of justices that reflect the wide spectrum of Albertan identity would enhance trust in Canada’s legal precepts,” Amrey said.
“To work together and identify highly qualified candidates for current and future vacancies in the judicial system, Alberta’s government has proposed that a Special Advisory Committee be formed consisting of four non-partisan experts from Alberta and the federal government.”
The Canadian Bar Association responded to Smith’s letter this week, to express “grave concerns” about the proposal.
“Any approach to judicial appointments must respect fundamental principles: the non-partisan nature of the appointment process, transparency in selection criteria and mechanisms, and the preservation of judicial independence,” the organization said Thursday.
According to the assocaition, Smith’s proposal would compromise
Section 96 of the Constitution Act, 1867, vests the appointment of superior court judges in the federal government.
“That authority is exercised following a rigorous, merit-based process in which applications by judicial candidates are exhaustively reviewed by independent, non-partisan Judicial Advisory Committees (JACs),” the CBA said.
The CBA added that the province is already well represented on the seven-member committee appointed by CBA-Alberta, the Chief Justice of Alberta, the Law Society of Alberta and the province’s Minister of Justice.
“All committee members are required to abide by a strict Code of Ethics that prohibits consideration of a candidate’s political viewpoints. This composition ensures meaningful provincial input while preserving the judicial independence that is essential to the rule of law,” they said.
Sean Frase, Canada’s Minister of Justice, said on Feb. 4 that independence in the judiciary and their ability to function without interference from politicians is essential to maintaining the rule of law.
“It’s essential that we have a judiciary that is able to make decisions without fear of favour amongst those who have the power to appoint or in theory, remove a judge from the bench,” Fraser said.
“When you start to look at how you can protect that independence, certainly ensuring that there is not political htreats about the resources that will be made available is part of it. The other part is they have integrity in the appoitnemnt process to begin with.”