Albertans will face a multitude of considerations when they participate in the upcoming referendum in October, ranging from familiar topics like immigration and separation to potentially less prominent issues. Among these is the query of who should be responsible for appointing 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 seeking to alter this arrangement. The province’s justice ministry argues that provinces should have a direct say in selecting judges to interpret and enforce their laws.
While critics question whether the existing process already provides Alberta with meaningful input, Ottawa has previously rejected similar proposals on this matter. A “yes” vote in the referendum would not lead to immediate changes but would signal support for Alberta to pursue constitutional amendments, a process requiring parliamentary approval and backing from at least seven provinces representing half of Canada’s population.
The referendum marks the latest effort by Alberta to gain more control over judicial appointments. Earlier this year, Alberta’s legislature passed a motion seeking a constitutional amendment for federal selection of superior court judges from a province-approved list. The referendum takes this further by asking whether Alberta should have the authority to make these appointments independently.
Advocates for reform, including Alberta Premier Danielle Smith, argue that increased provincial control could ensure judges align with Alberta’s legal traditions. However, critics, such as the Canadian Bar Association, caution against politicizing judicial appointments, emphasizing the importance of judges applying the law impartially.
The current system involves a judicial advisory committee screening potential judges, with input from various legal bodies. Despite defenses of the process as rigorous and merit-based, concerns have been raised about potential biases. While delays in federal judicial appointments have been an issue, recent efforts have been made to expedite filling vacancies in Alberta.
A “yes” vote in the referendum would not immediately grant Alberta the power to appoint judges but would signal public support for ongoing reform efforts. This initiative reflects Alberta’s ongoing push for greater influence over the judicial appointment process.
