Alberta seeks judicial reform to shift court appointment powers

Alberta demands control over judicial appointments in bold constitutional push

Alberta is pushing for a major change in how provincial judges are appointed in Canada. Premier Danielle Smith's government will introduce a motion in the legislature to demand constitutional reforms. The proposal would give provinces a direct role in selecting their own superior and appeal court judges—something currently controlled by Ottawa. The campaign began in early 2025 when Smith and the premiers of Saskatchewan, Ontario, and New Brunswick sent a joint letter to Prime Minister Mark Carney. They argued for provincial approval over judicial appointments, claiming the current system lacks local accountability. Justice Minister Sean Fraser rejected the request, prompting Alberta to take further action.

By March 2026, support had grown. Federal consultations in autumn 2025 led to a First Ministers' Conference in January 2026, where Quebec and Manitoba signalled partial backing. This brought the total to six provinces—just one short of the seven needed under Canada's amending formula, which also requires those provinces to represent over half the population. Alberta's motion mirrors one Quebec passed nearly a year earlier. But critics have questioned Smith's credibility. NDP justice critic Irfan Sabir accused her of undermining the justice system, pointing to past threats to withhold court funding if Ottawa ignored her demands. Bianca Kratt, president of the Canadian Bar Association, also dismissed the proposal, arguing it unfairly compares Canada's judicial system to those of other countries. Under the current Constitution, Ottawa appoints all provincial superior and appeal court judges. Changing this would require approval from the House of Commons, the Senate, and at least seven provinces with over 50% of Canada's population. Negotiations are ongoing, with a potential resolution targeted for July 2026.

The motion will now move through Alberta's legislature, setting the stage for broader constitutional talks. If successful, the reform would shift significant power from the federal government to the provinces. But with legal experts and opposition critics raising concerns, the path forward remains uncertain.