Alberta seeks constitutional change to reshape judicial appointments in Canada

Alberta's government is pushing for a constitutional change to give provinces more control over judicial appointments. Premier Danielle Smith announced plans to introduce a motion in the legislature, mirroring a similar move by Quebec last year. The proposal follows a rejected request from four premiers, including Smith, to Prime Minister Mark Carney for greater provincial input in selecting judges. The dispute began when Premier Smith, alongside three other provincial leaders, formally asked Ottawa to require provincial approval for judicial appointments. Justice Minister Sean Fraser dismissed the request, prompting Alberta to take further action. The province now seeks a constitutional amendment under section 41 of the Constitution Act, 1982, which demands unanimous consent from Parliament and all 10 provinces for changes affecting the Supreme Court or judicial appointments.

Smith argues that Alberta should have a direct role in choosing judges who serve its residents. Currently, the federal government holds sole authority over appointing provincial superior and appeal court judges. The proposed motion will replicate Quebec's, passed nearly a year ago, which also called for provincial involvement in the process. Critics have weighed in on the debate. Bianca Kratt, president of the Canadian Bar Association, warned against comparing Canada's judicial system to the U.S. model. Meanwhile, NDP critic Irfan Sabir questioned Smith's commitment to upholding the justice system. Any constitutional change would require approval from the House of Commons, the Senate, and at least seven provinces representing over half of Canada's population.

Alberta's motion will set the stage for a broader national debate on judicial appointments. If successful, the amendment would shift power from Ottawa to the provinces. The process, however, faces steep hurdles, including the need for unanimous provincial support under the Constitution's strictest rules.