Justice Minister Sean Fraser says Ottawa isn't currently considering a request from the premiers of Ontario, Quebec, Saskatchewan and Alberta, who want more say over judicial appointments.Adrian Wyld/The Canadian Press
Premiers from four provinces say they will keep pushing for more influence over judicial appointments despite federal Justice Minister Sean Fraser dismissing their proposals on Tuesday.
“That’s not something that we’re considering at this point in time,” Mr. Fraser told reporters as he arrived for a cabinet meeting.
However, Quebec Premier François Legault’s spokesman Ewan Sauve said “This does not end the debate.
“Work continues, and we are thrilled that other provinces are following Quebec’s lead,” Mr. Sauve said, adding that they have been raising the issue with the federal government for some time.
Mr. Fraser was responding to a letter Alberta Premier Danielle Smith, Saskatchewan’s Scott Moe, Ontario’s Doug Ford and Mr. Legault sent to Prime Minister Mark Carney on Monday.
It asked for federal appointments to superior trial courts and courts of appeal in the provinces to be made from a pool of candidates recommended and approved by the relevant provincial government.
“We are calling for a new, collaborative approach, wherein our governments can meaningfully engage in filling judicial positions in our respective jurisdictions,” they wrote.
Justice Minister Fraser rebuffs Smith’s call for more say over judicial appointments
They noted other federal systems, such as those in the United States, Australia, Germany and Switzerland, have state governments, not the federal government, handling the appointment of state-level superior trial and appellate-court judges.
“In this respect, Canada remains an outlier and discussion of reform is long overdue,” the letter said.
But Mr. Fraser said the judicial appointments process is running well.
“We have made appointments that have reflected some of the positive feedback that we’ve received from my counterparts in each province, and I hope that process continues.”
Mr. Fraser said that if the provinces have issues with the process, he is interested in a conversation about their concerns. He added that their participation in the current process has resulted in excellent recommendations across Canada.
Under the current system, established by Ottawa in the late 1980s, there are 17 judicial advisory committees across Canada that assess applicants and make recommendations to the federal government.
Ottawa names three of seven members on each committee. Meanwhile, each provincial government names one member and the province’s chief justice names one. And a pair of lawyers’ groups – one of them national and the other provincial – each get a single pick.
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Speaking to reporters at Queen’s Park on Tuesday, Mr. Ford said the provinces feel they need a say in choosing the judiciary.
“Especially if it falls under bail reform and other provincial jurisdictions,” he said, adding that the signatories represent more than 70 per cent of the population.
“I think we deserve a say on who the appointment’s going to be.”
He added he hasn’t yet spoken directly to the federal government about the issue.
Sam Blackett, Ms. Smith’s press secretary, said they are waiting for a response.
“Alberta will await a reply from Prime Minister Mark Carney, and we hope that Minister Sean Fraser reconsiders his position because the provinces deserve a meaningful say in judicial appointments within our respective jurisdictions,” Mr. Blackett said in a statement.
Mr. Sauves said in a statement, that Quebec Justice Minister Simon Jolin-Barrette has noted that this is the first time the federal government has acknowledged its obligation to negotiate in good faith with Quebec on this matter.
“It is an important development. We want to go beyond a simple consultation and ensure that Quebec can participate meaningfully in the process of selecting judges for its superior courts,” he wrote.
Mr. Moe was unavailable Tuesday, but Justice Minister Tim McLeod told journalists at the legislature in Regina that a stronger provincial role appointing judges would bolster confidence in the administration of justice and promote cooperative federalism.
The minister said the provinces do not want to appoint judges. “They’re still federal appointments. What we’re saying is we would like a more formalized role in the conversation of that appointment, so making sure that provinces are involved in a more meaningful way in the appointment process,” he said.
“We were encouraged that the federal Justice Minister is open to further dialogue and this was the first step in advancing those conversations,” Mr. McLeod said.
With a report from Laura Stone