Four premiers demand more say in federal judicial appointments
OTTAWA — Four premiers have sent a letter to Prime Minister Mark Carney asking for more collaboration in federal judicial appointments in their provinces.
Alberta Premier Danielle Smith, Saskatchewan Premier Scott Moe, Ontario Premier Doug Ford and Quebec Premier François Legault signed a joint letter released on Tuesday, which called for judicial appointments to courts of appeal and superior trial courts to be picked from a list of candidates recommended by provincial governments.
“As Premiers from across Canada, we write jointly to advance reform to the process of appointments to the superior trial courts and courts of appeal of the provinces, as well as to the Supreme Court of Canada,” the letter said.
“We are calling for a new, collaborative approach, wherein our governments can meaningfully engage in filling judicial positions in our respective jurisdictions.”
Justice Minister Sean Fraser said his government has not changed the view that the process is working and would not commit to the premiers’ proposal for provinces to determine the list of candidates in their jurisdictions.
“That’s not something that we’re considering at this point in time,” he told reporters on his way into a cabinet meeting on Tuesday.
Fraser said he welcomes further participation by provinces in the existing process.
“We welcome provincial governments’ participation in that process and proactively reach out after we receive recommendations through the judicial advisory committees to test with our provincial counterparts whether they’ve got information about the reputation of the people we’re considering,” he said. “I found that to be very informative.”
The letter said the premiers are also requesting that provinces and the federal government have equal access to the same information on all assessed judicial candidates.
“Active engagement of our governments will help ensure that judicial appointments appropriately reflect the diversity and unique needs of each province and territory,” the letter said.
The premiers said their increased participation would promote an “open and cooperative federalism” and would strengthen public confidence in the system.
Fraser said he would be open to discussing it further with his provincial counterparts.
Provinces currently have the right to appoint judges in lower courts, but the federal government appoints judges in the higher courts. Independent judicial advisory committees are established in every province and territory to assess the qualifications of applicants.
In 2023, the Liberal government under former prime minister Justin Trudeau faced criticism for failing to remove partisanship in its appointment process and for being too slow in filling judicial vacancies.
According to data by the Office of the Commissioner for Federal Judicial Affairs, as of March 1, 2026, there are currently 42 vacancies across Canada.
The highest number of vacancies can be found in Ontario, with 12 vacancies at the Superior Court of Justice and three vacancies at Family Court. There are also currently seven vacancies at the British Columbia Supreme Court.
This is not the first time the federal government has been pressured by the provinces to change the rules.
Back in January, Smith sent a letter to Carney that proposed the establishment of a “Special Advisory Committee” comprised of two Alberta-appointed experts and two federal-appointed experts, to assess candidates to fill three vacancies at the Alberta Court of King’s Bench.
Last April, the National Assembly of Quebec voted unanimously for a resolution calling on Ottawa to give Quebec more powers to appoint judges at the Quebec Superior Court and the Quebec Court of Appeal.
In a statement on Tuesday, Quebec Justice Minister Simon Jolin-Barrette said the federal government’s unilateral appointments of judges is “an anomaly we must correct.”
“Today, we are presenting a united front with other provinces that are joining their voice in support of a greater role for the provinces in the appointment of judges,” he said. “We salute Ontario, Saskatchewan and Alberta in doing so.”
National Post
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