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Ottawa Rejects Alberta’s Bid for Greater Say in Judicial Appointments as Smith Threatens Funding Freeze

Legal organizations warn Alberta’s funding ultimatum risks court delays under a system Ottawa says safeguards judicial independence.

Overview

  • Justice Minister Sean Fraser said he will keep the current independent advisory process for appointing judges and cautioned against political pressure over court resources.
  • Premier Danielle Smith is seeking a formal role through a four-member advisory committee for Alberta’s superior courts and input on Supreme Court selections, along with looser bilingualism rules for top court nominees.
  • Smith’s letter warned Alberta would withhold provincial money for judges’ support staff unless Ottawa agrees to the changes, leveraging the province’s role in funding clerks, sheriffs and judicial assistants.
  • Legal groups, including the Criminal Trial Lawyers Association and the Canadian Bar Association, said the threat could produce serious delays and stays of charges and undermines judicial independence.
  • The dispute unfolds as a Supreme Court vacancy approaches with Justice Sheilah Martin retiring in May, after Ottawa recently filled two Alberta superior-court seats, and the Premier awaits a reply from Prime Minister Mark Carney.