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Alberta Premier Danielle Smith defended her threat to withhold funding for judges if her government doesn’t get more say on their appointment on Saturday, saying it’s a negotiating tactic.
Smith said during her call-in radio show she would rather get to a conclusion that’s amenable, fair and includes parity in the appointment process.
“It’s a negotiating position, of course,” she responded, after the radio show’s host and moderator asked whether withholding funds is the best way to create judicial change.
“We want some parity. So, we’ve started the conversation and, hopefully we’ll have some success on it.”
Smith’s comments come after she called on Ottawa — in a letter to Prime Minister Mark Carney made public last week — to let Alberta have more of a say on future judicial appointments to the province’s superior courts and the Supreme Court of Canada. She also threatened in the letter to withhold some court funding should Ottawa not agree to the new process she proposed.
Her office has noted the current federal judicial advisory committee for Alberta’s superior courts only includes one provincial nominee, but three federal nominees. Smith proposed in the letter a new four-person committee, with equal representation, requiring ministerial approval from both levels before appointments proceed.
Her proposal, she wrote, would help ensure judicial appointments “appropriately reflect Alberta’s distinct legal traditions,” and strengthen public confidence in the administration of justice. She also called on Ottawa to relax bilingualism requirements for judges on the Supreme Court of Canada.
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Groups representing lawyers and other legal professionals have said Smith’s proposal compromises judicial independence and calls into question the integrity of sitting judges.
The Canadian Bar Association, which speaks for 40,000 lawyers, judges and legal professionals across the country, has also said it’s concerned Smith’s suggestion that courts don’t reflect the “values and expectations” of Albertans underscores the political nature of her proposal.
Federal Justice Minister Sean Fraser has said he has confidence in the current independent appointment process, and he plans to maintain it.
During the call-in radio show, host Wayne Nelson told Smith that while some disagree with her demands, there are others who believe the judicial reform is needed but feel the premier is going about it the wrong way.
“Critics say using political influence in this way could undermine public trust, with some even drawing comparisons to President Trump. How do you respond to all these criticisms?” Nelson asked.
Smith replied her government wants respect, but didn’t address the Trump comparison.
“Everything that we’ve been doing over the last couple of years is to get the same level of respect from the federal government that they afford Quebec,” she said.
By law, three of nine seats on the Supreme Court are to be appointed from Quebec. The remaining seats, by tradition, are to be filled by three judges from Ontario, two from the western provinces or Northern Canada, and one from the Atlantic provinces.
In an email on Saturday, Sam Blackett, a spokesman for the premier, called the comparisons between Smith and Trump “absurd.”
“Any comparison of the Premier’s actions to ‘Trump-style’ politics is absurd and merely a desperate attempt to diminish and distract from the real issues,” Backett said.
“The provinces deserve to have a say in judicial appointments, such as in Quebec. The Premier believes Alberta should have a meaningful role in judicial appointments, as this would boost public confidence in the justice system, support national unity, and ensure appointments reflect the values and expectations of Albertans.”
During the show, Smith also repeated her criticism that the bilingual requirement “does stack the deck against Alberta judges.”
Supreme Court of Canada judges have been required since 2016 to have a functional understanding of both official languages.
Smith has previously said the bilingualism rule “further entrenches systemic barriers and alienation for western Canadians and does not reflect Canada’s broader linguistic diversity, including the many Canadians who are bilingual in other languages.”
Alberta’s French lawyers association and the provincial chapter of the French Canadian Association have pushed back, saying the existing requirement protects and ensures access to justice.
— With files from Jack Farrell and Lisa Johnson
Read the full article here
