Albertans will encounter various considerations in the upcoming October referendum, ranging from familiar topics like immigration and separation to lesser-known issues. One such question involves the selection of judges for Alberta’s higher courts, the Court of King’s Bench and the Court of Appeal, which handle significant criminal and civil cases and have authority to review provincial court decisions.
Currently, judges for these courts are appointed by the federal government, a practice established since Confederation in 1867. Alberta aims to alter this arrangement, advocating for a direct provincial role in appointing judges who interpret and apply its laws. However, there are differing opinions on whether the existing process provides Alberta with sufficient input.
Although previous proposals on this matter have been turned down by Ottawa, Alberta is pushing for change through the upcoming referendum. A “yes” vote would signify support for pursuing constitutional modifications, requiring approval from Parliament and a majority of provinces representing at least half of Canada’s population.
The referendum marks the latest effort by Alberta to gain more influence over judicial appointments. Earlier this year, the Alberta legislature passed a motion seeking a constitutional amendment for federal selection of superior court judges from a provincial-approved list. The referendum extends this, asking Albertans if the province should have the authority to make these appointments independently.
Alberta has aligned with Ontario, Quebec, and Saskatchewan in urging Prime Minister Mark Carney to grant provinces a more formal role in judicial appointments. This move is driven by the belief that provinces understand their communities best and should have a say in ensuring their courts reflect local realities.
Critics argue that the current system introduces biases, with concerns raised about the ideological inclinations of selection committees. However, it is acknowledged that Canada’s judicial appointment process, while not immune to criticism, remains less politicized than in other countries.
The debate surrounding Alberta’s pursuit of greater control over judicial appointments underscores the importance of a non-partisan judiciary that upholds the rule of law. If successful, this reform could lead to a more efficient judicial appointment process and potentially better alignment with Alberta’s legal traditions.