Alberta to vote on giving province power over superior court appointments

Alberta will hold an October referendum asking voters if the province should seek constitutional change to appoint its own superior court judges, a proposal backed by Premier Danielle Smith.

Albertans will vote in an October referendum on whether the province should seek a constitutional amendment to give it authority over appointments to the Court of King's Bench and the Court of Appeal, courts that currently receive judges from the federal government under a system dating to 1867. Premier Danielle Smith and Justice Minister Mickey Amery say provincial control would better reflect Alberta’s “distinct legal traditions” and could reduce vacancy delays, while the Canadian Bar Association and some legal experts defend the existing merit-based process involving a judicial advisory committee with federal and provincial members.

Earlier this year the legislature passed a motion for such an amendment, and Alberta has joined Ontario, Quebec and Saskatchewan in urging Prime Minister Mark Carney to formalize a provincial role in judicial selections. Critics warn the move could politicize the bench, though scholars note Canada’s system is far less partisan than that of the United States. Any successful amendment would require consent from the federal Parliament and a coalition of at least seven provinces representing half of Canada’s population, meaning a “yes” vote would be an endorsement rather than an immediate change.