Alberta Premier Danielle Smith Seeks Greater Control Over Provincial Judiciary
Alberta Premier Danielle Smith has launched a significant challenge to the federal judicial appointment process, proposing substantial reforms that would grant her government greater influence over who sits on the province's highest courts. In a letter to Prime Minister Mark Carney this week, Smith outlined her vision for a restructured judicial advisory committee that would shift the balance of power toward provincial authorities.
A Proposed Overhaul of Judicial Appointments
Smith's proposal calls for replacing the current seven-member judicial advisory committee with a streamlined panel of "four non-partisan experts." Under this new structure, two members would be appointed by her United Conservative Party government, while the remaining two would come from federal authorities. This represents a significant departure from the existing system where Alberta's minister of justice, chief justice, and law society collectively name committee members.
The Premier has been vocal about her concerns regarding judicial independence, particularly following comments she made during a radio show last December. "Democracy is not when unelected judges unilaterally make decisions," Smith told listeners. "The will of Albertans is not expressed by a single judge appointed by Justin Trudeau."
Federal Rejection and Funding Threats
Federal Justice Minister Sean Fraser has firmly rejected Smith's proposed changes, stating he has no plans to alter the judicial appointment process. Fraser emphasized that a judiciary must be able to make decisions "without fear or favour" and that protecting judicial independence requires "ensuring there's not political threats about the resources that are going to be made available to do their jobs."
In response to this federal rejection, Smith has threatened to withhold funding that supports judicial staff, including legal counsel, judicial assistants, sheriffs, and court clerks. This financial pressure tactic represents an escalation in the ongoing tension between Alberta and Ottawa over judicial matters.
Judicial Independence Concerns and the Notwithstanding Clause
The conflict comes amid growing concerns about judicial independence in Alberta. Last week, in an exceptionally rare public statement, the chief justices of Alberta's top courts emphasized that a "properly functioning democracy" requires separate operation of executive, legislative, and judicial branches. "It is equally important," they continued, "that each branch respect and support the independence of the others."
Smith has increasingly turned to the notwithstanding clause to bypass judicial review, invoking it four times recently to protect legislation from Charter challenges. This includes using the clause to override teachers' right to strike in November and to prevent judges from interfering with bills limiting rights of trans and gender-diverse youth in December. Prior to this recent activity, Alberta had only invoked the notwithstanding clause once before, a quarter century ago to ban same-sex marriage.
Broader Implications for Federal-Provincial Relations
This judicial conflict represents another front in the ongoing tension between Alberta and the federal government. Smith has also requested greater provincial input into appointments to the Supreme Court of Canada, signaling a broader challenge to federal authority over judicial matters. The Premier's approach reflects her government's increasing willingness to use constitutional tools and financial pressure to advance provincial autonomy.
The situation continues to develop as both sides maintain their positions, with Smith advocating for what she calls a system that would "strengthen public confidence in the administration of justice" while federal authorities emphasize the importance of maintaining judicial independence from political influence.
