Albertans will face a variety of considerations come this October’s referendum, ranging from common topics like immigration and separation to potentially less top-of-mind issues. One of the less-discussed questions pertains to who should have the authority to appoint 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 in place since Confederation in 1867. Alberta aims to alter this arrangement. The province’s justice ministry argues that provinces should play a more direct role in selecting judges who will interpret and enforce their laws, although critics question whether the existing process already grants Alberta meaningful input.
Notably, previous proposals on this matter have been turned down by Ottawa. A “yes” vote in the referendum does not ensure immediate change but rather signals Alberta’s intent to pursue a constitutional amendment, which would necessitate parliamentary support and backing from at least seven provinces representing half of Canada’s population.
The referendum represents the latest effort by Alberta to gain more control over judicial appointments. The province recently passed a motion seeking a constitutional amendment requiring the federal government to choose superior court judges from a list approved by the province. The referendum takes this a step further by asking Albertans if the province should have the power to make these appointments itself.
Alberta, along with Ontario, Quebec, and Saskatchewan, has urged Prime Minister Mark Carney to involve provinces more significantly in judicial appointments. The debate over the current appointment system persists, with some arguing for a change to ensure a fair and independent judiciary that reflects regional realities.
The existing process involves a judicial advisory committee screening potential judges for Alberta’s federally appointed courts. This committee evaluates candidates and sends recommendations to Ottawa for final selection. While defenders view the process as rigorous and merit-based, critics suggest potential biases due to the structure.
While the discussion continues, the referendum will allow Albertans to voice their opinion on potentially reshaping the judicial appointment system to better align with the province’s interests and values.