Smith says Alberta will withhold funding for judges without more input on selection

EDMONTON – Premier Danielle Smith says her government will withhold funding to support new judicial appointments in Alberta if the federal government doesn’t give the province a say on who is picked.

In a letter to Prime Minister Mark Carney made public Tuesday, Smith says the appointment process for judges needs reform.

She says 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.

Smith proposes a committee that includes Alberta appointees to help assess and recommend King’s Bench and Court of Appeal candidates to justice ministers and recommend candidates for the Supreme Court of Canada to be agreed on by ministers and submitted to the prime minister.

Smith says the collaboration would help ensure the appointments “appropriately reflect Alberta’s distinct legal traditions,” and strengthen public confidence in the administration of justice.

“Alberta’s government will not agree to provide the necessary funding to support any new judicial positions in the province until such engagement and collaboration are provided,” Smith wrote in the letter, dated Jan. 23.

“Providing Alberta with a formal and meaningful role in the appointment process would strengthen public confidence in the administration of justice, promote national unity within Alberta and help ensure judicial decision-making reflects the values and expectations of Albertans.”

She also calls on Carney to relax bilingualism requirements for federal appointees, saying imposing bilingualism on Supreme Court judges further entrenches both barriers and Western alienation.

She points to the United States and Australia, where states can appoint state-level superior court judges, saying a discussion on reform is long overdue.

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

Shawn King, president of the Criminal Trial Lawyers Association, which speaks for defence lawyers across the province, said if Smith follows through on her ultimatum to withhold funding from courts, the already-stressed justice system will “implode.”

“At least in criminal cases, it means that matters are going to be stayed hand over fist, and who’s going to be blamed for that?”

King said courts will see more Jordan applications, which are legal motions to dismiss criminal charges due to unreasonable trial delays.

“This is potentially catastrophic,” he said.

He added it’s currently not unusual to see matters adjourned or rescheduled due to a shortage of judges.

Opposition NDP justice critic Irfan Sabir said in a statement Alberta’s courts are already underfunded by Smith’s United Conservative government, which has been leading to delays.

“Yet, she’s threatening further cuts to the administration of justice,” he said, adding that it appears Smith has no problem “demonizing” French Canadians.

By law, three of nine seats on the Supreme Court are to be appointed from Quebec. An independent advisory board of eight, including two members appointed by Quebec, makes recommendations for those appointments to the prime minister.

By tradition, three judges are appointed from Ontario, two from the Western provinces or Northern Canada, and one from the Atlantic provinces, also following recommendations from an advisory board.

Lola Dandybaeva, spokesperson for federal Justice Minister Sean Fraser, said in a statement democratic institutions depend on a strong and independent judiciary. 

“The independent judicial advisory committees protect that independence by keeping judicial appointments at arm’s length from political influence,” said Dandybaeva.

“Canada values engagement with Alberta and will continue to work constructively within our constitutional framework.”

Smith’s letter comes after Alberta’s three chief justices, in a rare public statement last week, urged respect for the independence of the judicial branch, saying democracy only functions when all three branches of government operate independently.

Smith has recently said she wished she could “direct” judges in regards to bail rules and decisions. In recent months, the premier has repeatedly criticized what she calls “activist” courts and “unelected” judges. 

Smith has said she believes in parliamentary supremacy, and in the fall sitting of the legislature, invoked the Charter’s notwithstanding clause four times to shield her government’s laws from court challenges.

This report by The Canadian Press was first published Feb. 3, 2026.