A growing chorus of provincial governments are calling for increased influence in the appointment of judges, particularly to superior and appellate courts. Premiers from Ontario, Alberta, Saskatchewan, and Quebec have jointly expressed this sentiment in a letter to Prime Minister Mark Carney, suggesting that provincial involvement is crucial to ensure judicial appointments reflect diverse needs and communities. This push for greater provincial say comes amid frustration from some leaders over judicial decisions they deem "anti-democratic."
The federal government currently holds the exclusive right to appoint provincial superior and appeal court judges, a system that some provinces argue is an anomaly compared to international practices in countries like the United States and Australia. Alberta's Justice Minister Mickey Amery has stated that Canada is an outlier and that the current process does not provide provincial governments with a meaningful voice. Quebec's justice minister, Simon Jolin-Barrette, echoed this, calling it an anomaly that needs correction.
However, federal Justice Minister Sean Fraser maintains that the current judicial appointment process is functioning well, with existing mechanisms for provincial consultation. He has indicated that the government is not contemplating significant changes to the existing framework.
Canada's Chief Justice, Richard Wagner, acknowledged that there is no perfect solution to judicial appointments. Speaking on the matter, he emphasized the paramount importance of public trust in the impartiality of the judiciary. "When there's no more trust, well, there's no more democracy at the end of the day," Chief Justice Wagner stated. While acknowledging that people may disagree with court decisions, he stressed the need to trust the institutions themselves and the integrity of the judicial process. He also noted that politicians have avenues to address decisions they disagree with, such as appealing or changing the law. Any constitutional amendment to alter the appointment process would require broad federal and provincial consensus.
