Albertans will be tasked with juggling many ideas when they vote in this October’s referendum, from the more familiar — immigration, separation — to some that, perhaps, they may not have had front-of-mind.
One of the questions in that latter category? Who should appoint the judges who sit on the province’s higher courts, the Court of King’s Bench and the Court of Appeal.
As Alberta's superior courts, they deal with the most serious criminal and civil cases and have the power to review decisions of the provincial court.
Today, judges on those courts are appointed by the federal government, an arrangement that dates back to Confederation in 1867.
Why? The province’s justice ministry says it believes “provinces should have a direct voice in selecting judges who will interpret and apply their laws,” though critics disagree over whether the existing process already gives Alberta meaningful input. More on that later.
Importantly, Ottawa has already rejected earlier proposals on this subject.
Like other questions tied to constitutional reform on the ballot, a “yes” vote doesn’t mean immediate change.
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Instead, it would function as a sort of endorsement for Alberta to pursue a constitutional change. That would require the support of Parliament, as well as at least seven provinces representing at least half of Canada’s population.
“This is definitely an interesting ballot question,” said Gerard Kennedy, an associate professor in the faculty of law at the University of Alberta, whose research has focused on the role of courts in society.
The referendum is the latest step in a broader push by Alberta to get more control over judicial appointments.
Earlier this year, Alberta's legislature passed a motion seeking a constitutional amendment to require the federal government to select superior court judges from a list approved by the province.
The referendum goes further, asking Albertans whether the province should pursue the power to make those appointments itself.
Alberta has also joined Ontario, Quebec, and Saskatchewan in urging Prime Minister Mark Carney to give provinces a more formal role in judicial appointments.
