Smith, Ford, others want more say in appointing judges
Four premiers sign joint letter demanding more say in their provincial judicial systems regarding newly appointed judges.
Author: Quinn Patrick
Four premiers have called on the Carney government to give them a greater say in appointing judges to their superior and appellate courts, arguing the current system does not “appropriately reflect the diversity and the unique needs of each province and territory.”
Ontario Premier Doug Ford, Alberta Premier Danielle Smith, Saskatchewan Premier Scott Moe and Quebec Premier Francois Legault signed the joint statement addressed to Prime Minister Mark Carney on Tuesday.
The Liberals previously faced criticism for partisan judicial appointments under the Trudeau government.
A 2023 investigation by the National Post found that of the 1,308 judicial and tribunal appointments made by the Liberal government since 2016, 76.3 per cent of appointees had previously donated to the Liberal Party of Canada.
The letter requests that Ottawa choose from a pool of candidates recommended and approved by the provinces when appointing new judges to allow for the “active engagement of our governments.”
The premiers said their increased participation would ensure a more “open and cooperative federalism.”
Industry Minister Mélanie Joly was asked to respond to the letter by reporters on Parliament Hill. She said her government has “always taken into consideration the different proposals by the Quebec government and by provinces” and that Ottawa would be “open to it.”
Meanwhile, Justice Minister Sean Fraser said provinces wouldn’t be given exclusive power to appoint judges, but he “welcomes their input under the current system.”
“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,” said Fraser. “I found that to be very informative.”
Provinces can currently appoint judges to lower courts, but only the federal government can appoint judges to the higher courts.
Independent judicial advisory committees assess applicants’ qualifications in every province and territory.
As of March 1, 2026, there were 42 vacancies across Canada, including 12 at the Superior Court of Justice in Ontario and three at Family Court.
Additionally, the British Columbia Supreme Court had seven vacancies.
Earlier this year, Premier Smith threatened to withhold some provincial court funding if her government was not given more input on judicial appointments.
“I have written to Prime Minister Mark Carney about the need for meaningful reform to the federal judicial appointment process for vacancies on the Alberta Court of King’s Bench, the Alberta Court of Appeal and the Supreme Court of Canada,” wrote Smith in a press release on Tuesday.
“Alberta is also calling on the federal government to relax bilingualism requirements for federal judicial appointments that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
Smith said that she and the other premiers are “simply asking for a formal and meaningful role in the judicial appointment process that would boost public confidence in the administration of justice, support national unity within Alberta, and ensure judicial decision-making reflects the values and expectations of Albertans.”
Why aren't we electing Judges and Prosecutors? Why aren't there term limits?
Why does the Prime Minister get to appoint the higher court judges? Clearly there is a problem with this system.