Albertans will face a variety of considerations when they cast their votes in this October’s referendum, ranging from familiar topics like immigration and separation to potentially less top-of-mind issues. One such question is who should be responsible for appointing judges to Alberta’s highest courts, the Court of King’s Bench and the Court of Appeal. Presently, these judges are appointed by the federal government, a practice that has been in place since Confederation in 1867.
Alberta is seeking to change this arrangement. The province’s justice ministry asserts that provinces should play a direct role in selecting judges who will interpret and enforce their laws. However, critics have differing opinions on whether the current process already provides Alberta with meaningful input. Notably, Ottawa has already turned down previous proposals on this matter.
A “yes” vote in the referendum does not equate to immediate change but would signal Alberta’s desire to pursue constitutional amendments. This would necessitate approval from Parliament and at least seven provinces representing half of Canada’s population.
The referendum is part of Alberta’s broader efforts to gain more control over judicial appointments. Earlier this year, Alberta’s legislature passed a motion calling for a constitutional amendment to require the federal government to choose superior court judges from a list approved by the province. The referendum takes it a step further by asking Albertans whether the province should have the authority to make these appointments independently.
Alberta, along with Ontario, Quebec, and Saskatchewan, has urged Prime Minister Mark Carney to give provinces a more formal role in judicial appointments. The goal is to ensure that the legal system reflects each province’s unique realities.
Critics argue that the existing judicial appointment process may introduce bias, while others defend it as rigorous and merit-based. The debate over the current system underscores the need for a balanced and non-partisan judiciary that upholds the rule of law. Alberta aims to address the perceived lack of provincial input in the appointment of superior court judges through the referendum.
Premier Danielle Smith believes that greater provincial control over judicial appointments could better align judges with Alberta’s legal traditions. However, the Canadian Bar Association has raised concerns that this approach could compromise judicial independence.
The referendum also aims to address delays in filling judicial vacancies and streamline the appointment process. While a positive outcome in the vote won’t immediately grant Alberta the power to appoint its judges, it would empower the province to continue advocating for reform.