Independent judges a ‘hallmark of democracy:’ Fraser on Alta. threat

Judicial appointments must be made without political influence, Justice Minister Sean Fraser said Wednesday after Alberta’s premier suggested she could withhold funding without more input on the selection of judges.

“Ensuring that we have an independent judiciary is a hallmark of democracy and a key part of the rule of law,” Fraser told reporters in Ottawa Wednesday.

Premier Danielle Smith said in a letter to the prime minister, made public on Tuesday, that she wants the province to be consulted on future appointments to Alberta’s Court of King’s Bench, the Alberta Court of Appeal and the Supreme Court of Canada.

The federal government appoints and pays the judges serving on superior courts in Alberta, but the province pays for support staff, including judicial assistants, legal counsel, sheriffs and court clerks, as well as furniture, cellphones and computers.

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Fraser said the current process for deciding appointments works well and includes independent advisory committees that factor in feedback from provinces.

Fraser said he will maintain that process, adding it’s essential for judges to make decisions without fear and without seeking the favour of those who have power over appointments.

Protecting that independence involves ensuring there are no “political threats about the resources that are going to be made available,” he said.

“I’ve actually found … the feedback we’ve received from Alberta to be uniquely helpful in pointing us in the right direction to have stellar candidates appointed, including as recently as a week ago,” Fraser added.

“My sense is we have a functioning independent process. We should protect it and defend the independence of the judiciary.”

Fraser pointed to other countries, which he did not name, that have “showcased nowhere is safe from democratic backsliding, and if we’re going to have a functioning democracy, an independent judiciary is a key part of it.”