Language requirements for judges shouldn’t be made political: French lawyers group

EDMONTON – Two Alberta-based francophone groups say bilingualism requirements for Canada’s top court — something Premier Danielle Smith is calling on Ottawa to relax — should not be a political issue.

In a statement earlier this week, Alberta’s French lawyers association and the provincial chapter of the French Canadian Association said the requirement protects and ensures access to justice.

“This guarantee is enshrined in the Canadian constitutional, legislative and jurisprudential framework, which includes the right to a bilingual judge who understands the litigant’s official language,” the statement reads.

“Questioning the language requirements in the judicial appointment process in Canada in accordance with the Official Languages Act directly undermines or deliberately ignores fundamental respect for language rights.”

The statement comes after Smith called on Ottawa to let her province have more of a say on how judges are selected.

Smith, in a letter to Prime Minister Mark Carney made public this week, said her government would withhold some court funding should Ottawa not agree to the new process she proposed.

She said the process, which would see a new selection committee be formed with equal provincial and federal representation, 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, which since 2016 have required them to have a functional understanding of both official languages.

Smith claimed in her letter that the 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.”

The premier further said Ottawa “should carefully consider the implications of this approach across federal institutions, particularly its impact on access to justice and equitable regional representation in judicial appointments.”

The president of Alberta’s French lawyers association, Elsy Gagné, said Wednesday she didn’t understand the premier’s argument.

“What I do know is that in order to become a judge, whether to become justice for these courts, whether the Court of King’s Bench or the Supreme Court of Canada, you have to be competent,” Gagné said.

She said even without the bilingualism requirement, future Supreme Court judges would probably want to become bilingual to understand the hearings they oversee, since they are carried out in both English and French.

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. 

Gagné said she followed Smith’s broader concerns about how judges are appointed, saying she thought the system wasn’t perfect either, but adding that politics should have no role in the appointment of judges.

“We want the system, the tribunal, to be as independent as possible and as impartial as possible,” she said. “We don’t want the politics of having a political agenda to influence the judicial power of the court.”

Smith’s main demand for reform of the appointment process was rejected by Ottawa on Wednesday, with federal Justice Minister Sean Fraser saying he planned to maintain the current system. He didn’t specifically address the bilingualism requirement.

The statement from the francophone groups Wednesday also pointed out that the province had declared 2026 to be the Year of the Francophonie.

“This official recognition underscores the importance of French, bilingualism and equitable access to services for French-speaking Albertans, particularly in such fundamental sectors as justice,” the statement reads.

Arts and Culture Minister Tanya Fir said in an email Wednesday that the government’s commitment to supporting Alberta’s francophone community has not changed.

Fir said the province was proud to make the declaration and that it will continue ongoing work to expand access to French-language services, including in the justice system.

“The highest levels of Alberta’s justice system should reflect the wide spectrum of Albertans,” she said.

Fir added that Alberta getting a say in judicial appointments “would enhance trust in Canada’s legal system.”

This report by The Canadian Press was first published Feb. 5, 2026.