Alberta Premier Demands Role in Judicial Appointments, Threatens Funding Withdrawal
Alberta Premier Danielle Smith has issued a significant challenge to the federal government, demanding a formal role in judicial appointment processes and threatening to withhold funding for new judicial positions unless Ottawa implements substantial changes. In a letter dated January 23, 2026, addressed to Prime Minister Mark Carney, Smith outlined her government's expectations for meaningful engagement before any judicial vacancies are filled in Alberta or at the Supreme Court of Canada.
Funding Withheld Until Collaboration Occurs
The Alberta government has taken a firm stance, declaring that it will not provide necessary funding to support any new judicial positions within the province until the federal government establishes a collaborative appointment process. This financial leverage represents a significant escalation in provincial-federal tensions over judicial appointments, with Smith emphasizing that Alberta expects "meaningful engagement and collaboration" before judicial positions are filled.
Smith's letter specifically addresses what she describes as problematic aspects of the current federal appointment system, including bilingual requirements that she claims "alienate Albertans and western Canadians." The premier has requested that Prime Minister Carney relax these language requirements as part of broader reforms to the judicial selection process.
Proposed Advisory Committee Structure
To address these concerns, Smith has proposed the creation of a special advisory committee consisting of four non-partisan experts. Under her proposal:
- Two members would be appointed by the Alberta government
- Two members would be appointed by the federal government
- The committee would assess potential candidates for judicial vacancies
- For Alberta court vacancies, recommendations would go to the justice minister for collaborative selection
- For Supreme Court vacancies, agreed-upon candidates would be submitted to the prime minister
This proposed structure mirrors existing arrangements in Quebec, where a specific board handles appointments for the three Supreme Court seats reserved for that province. Justice Minister Mickey Amery highlighted this Quebec model in a Tuesday press release, suggesting it provides a template for more collaborative decision-making.
Historical Context and Partisanship Concerns
The call for judicial reform from Alberta is not without precedent. A 2023 investigation by the National Post and the Investigative Journalism Foundation revealed concerning patterns in federal judicial appointments. Their analysis of 1,308 judicial and tribunal appointments made by the Liberal government since 2016 showed that 76.3 percent of appointees had previously made political donations to the federal Liberals.
Legal experts have long pressed for reduced partisanship and increased transparency in judicial appointments. Smith's proposal directly addresses these concerns, arguing that providing Alberta with a formal role in the appointment process would "strengthen public confidence in the administration of justice, promote national unity within Alberta, and help ensure judicial decision-making reflects the values and expectations of Albertans."
Broader Implications for Federal-Provincial Relations
This development represents more than just a dispute over judicial appointments—it reflects ongoing tensions in Canadian federalism, particularly between western provinces and the federal government. By threatening to withhold funding, Alberta is employing a significant lever of provincial power to influence federal policy decisions.
The timing of this demand is particularly noteworthy, coming as the federal government faces increasing pressure to address regional disparities and improve collaboration with provincial governments. Smith's proposal suggests a desire to establish a more formalized, transparent process that reduces perceived partisanship in judicial appointments while increasing provincial input.
As this situation develops, observers will be watching closely to see how Prime Minister Carney's government responds to Alberta's demands. The outcome could set important precedents for how judicial appointments are handled across Canada and potentially reshape federal-provincial relations in the justice sector for years to come.
