Ottawa (Rajeev Sharma): Federal Justice Minister Sean Fraser on Tuesday, March 24, 2026, dismissed a joint request from four provinces seeking a more authoritative role in the nomination of judges. Premiers Danielle Smith of Alberta, Scott Moe of Saskatchewan, Doug Ford of Ontario, and François Legault of Quebec co-signed a letter to Prime Minister Mark Carney, demanding a “substantive role” in selecting judges for superior courts, provincial courts of appeal, and the Supreme Court of Canada. The premiers argued that Canada is an “outlier” compared to other federal systems like the United States, Australia, and Germany, where sub-national governments hold significant power over judicial selections.
Despite the pressure, Fraser told reporters that the current federal appointment process is “working just fine” and has consistently produced “top-tier” appointments that serve as assets to the legal profession. While he signaled an openness to increasing informal consultations, he firmly rejected the idea of transferring final decision-making authority to the provinces. Fraser noted that the federal government already receives positive feedback across the country regarding its judicial picks and suggested that the existing framework sufficiently respects the principles of federalism.
The standoff has intensified specifically in Alberta, where Premier Danielle Smith previously threatened to withhold funding for new judicial positions unless the province is granted a formal say in the final decisions. In a letter dated January 23, Smith stated that her government would not provide the necessary financial support for new seats on the bench without “engagement and collaboration” on the selection process. The federal government, however, maintains that the current system ensures a uniform standard of judicial excellence across Canada, while the four premiers insist that a reform is necessary to reflect the unique legal and social needs of each province.
