Justice Minister Sean Fraser says Ottawa plans to stick to the current process for appointing judges.Patrick Doyle/Reuters
Federal Justice Minister Sean Fraser has rejected Alberta Premier Danielle Smith’s appeal for the province to have more say over judicial appointments, saying the process as it stands is both independent and rigorous.
Ms. Smith said on Tuesday that the province should have an increased role in appointments to her province’s high courts, as well as the Supreme Court of Canada, and that Ottawa should reduce the requirements for bilingualism for judges on the top court.
Ms. Smith outlined her concerns in a letter to Prime Minister Mark Carney, published on Tuesday alongside a news release. The Alberta Premier said she would withhold some judicial funding if Ottawa did not agree to her demands.
The comments were the latest of several public statements from the Premier in which she has suggested that her government needs more oversight of the judiciary, or has appeared to question the integrity of judges. Ms. Smith said in her news release that more provincial control of appointments would promote national unity – an apparent reference to Alberta’s separatist movement.
The Canadian Press
But Mr. Fraser said on Wednesday Ottawa will be sticking with the current process. “I’m planning to maintain the process that we have in place that has independence, that has rigour, that has led to stellar candidates being appointed, including as recently in Alberta,” Mr. Fraser told journalists on his way to a weekly meeting of the Liberal caucus.
“We welcome the feedback from representatives of the Alberta government through that process and they have participated. It’s been very helpful. I hope they continue to participate.”
Ms. Smith’s spokesman Sam Blackett later dismissed Mr. Fraser’s response, saying it was up to Mr. Carney to address the issue by responding to the letter.
“While the Premier awaits a reply from Prime Minister Mark Carney, we hope that Minister Sean Fraser reconsiders his position,” Mr. Blackett said in a statement.
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At the House of Commons, Mr. Fraser said that independent judicial advisory committees factor in feedback from the provinces. “We’ve got representatives of the law societies, of the Canadian Bar Association, of the federal government who are able to make independent recommendations,” he said.
He added that the feedback from Alberta has been “uniquely helpful” in pointing the federal government in the right direction for the appointment of “stellar candidates” as recently as a week ago.
Mr. Blackett said provinces deserve an equal say in judicial appointments. He said in the statement that for three of nine seats reserved for Quebec on the Supreme Court, a specific board is formed that includes two members appointed by the federal government and two appointed by Quebec.
Mr. Blackett said the current Federal Judicial Advisory Committee for Alberta includes only one nominee from the provincial government, while the federal government fills the three remaining nominees.
Alberta MP Corey Hogan told reporters outside the Liberal caucus meeting that constitutional law is clear. “You can’t say, ‘Oh, I want to appoint federal judges so absent that, I’m just going to withhold funding,’” he said. “That’s not the way that the Constitution works.”
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A spokesperson for Quebec’s Justice Minister, Simon Jolin-Barrette, said the Alberta government has a valid point on judicial appointments.
“As highlighted by the Premier of Alberta, Canada is one of the few federations in the world where superior court judges are appointed entirely by the federal government,” Julien Garon said in a statement on Wednesday.
“It is an anomaly that needs to be corrected.”
Mr. Garon said Quebec is seeking a role in the appointment of judges to its Superior Court and Court of Appeal “while denouncing its complete exclusion from the appointment process.”
He noted that Mr. Jolin-Barrette has been talking to Mr. Fraser about this issue since the unanimous passage of a resolution in the Quebec National Assembly in April, 2025.
That resolution sought an amendment to the Constitution to allow for judges of Quebec’s superior courts to be chosen from among members of the Quebec Bar recommended by the Quebec government.