Alberta Premier Advocates for Judicial Reform in Federal Appointment Process
Alberta Premier Danielle Smith has put forward a significant proposal to reform the judicial appointment process for the province's highest courts, challenging the current federal system led by Prime Minister Mark Carney. The premier's initiative comes amid growing concerns that the Liberal government's approach to judicial appointments has weakened the bench, particularly in Western Canada.
Proposed Collaborative Model for Judicial Selection
On January 23, 2026, Premier Smith sent a detailed letter to Prime Minister Carney outlining a new framework for "meaningful engagement and collaboration" in filling judicial positions. Her proposal centers on establishing an advisory committee composed of four legal experts—two selected by the provincial government and two by the federal government. This committee would be responsible for assessing candidates for Alberta's Court of King's Bench and Court of Appeal, then providing a list of recommendations to both the federal and provincial justice ministers.
The ministers would then make collaborative decisions on successful candidates, ensuring that both levels of government have substantive input. For Supreme Court appointments representing Western Canada, the committee would similarly create a candidate list with approval from both justice ministers before submission to the prime minister for final consideration.
Addressing Regional Representation and Bilingual Requirements
Smith's proposal acknowledges that Alberta cannot guarantee its preferred candidates will secure Supreme Court seats, as positions designated for Western Canada may also be filled by individuals from British Columbia, Saskatchewan, Manitoba, and the territories. However, her model would ensure Alberta's voice is heard in the selection process, similar to the arrangement Quebec already enjoys for its Supreme Court candidates.
The premier also called for reconsideration of the federal government's 2023 requirement that Supreme Court candidates be "functionally bilingual." Smith argues this substantive change to the court's composition should have required a constitutional amendment but was implemented without significant challenge. She contends the language requirement has disproportionately affected promising legal minds from English-speaking regions, particularly in Western Canada, where many senior lawyers and judges lack French language proficiency.
Concerns About Judicial Competence and Court Performance
The National Post View editorial supporting Smith's position argues that the bilingual requirement has created a much smaller and potentially less competent pool of candidates for Canada's highest court. This comes at a time when the Supreme Court appears to be experiencing productivity challenges, hearing fewer cases and taking longer to issue decisions despite technological advancements that should facilitate research and writing.
Current Supreme Court Justices Mary Moreau and Michelle O'Bonsawin, along with whomever replaces Justice Sheilah Martin when she retires from her Western Canada seat in May 2026, represent appointments made under this new framework. The editorial suggests these appointments reflect the limitations imposed by the bilingual requirement.
Federal Response and Broader Implications
Justice Minister Sean Fraser has already dismissed Premier Smith's proposal, but the premier maintains that the entire judicial appointment process requires comprehensive reform. She advocates for a system that prioritizes competence and justice over political considerations, not just for Western Canada but nationally.
The debate highlights ongoing tensions between provincial and federal authority in judicial matters and raises important questions about how to balance linguistic requirements with the need for regional representation and legal excellence on Canada's highest courts.
