Justice Minister Sean Fraser has stated that he has no intentions to alter the current process of appointing judges in Canada, despite four premiers reaching out to Prime Minister Mark Carney to request a more significant role in the selection process. Fraser emphasized the government’s belief that the existing judicial appointments process is effective and operational, as he spoke on his way into a recent cabinet meeting. He highlighted the availability of a mechanism through which provinces can engage with the federal government regarding judicial appointments, affirming that this consultation process is functional. Fraser extended an invitation to provinces seeking a larger role, encouraging their participation in the consultation process when approached.
In a joint letter to Prime Minister Carney, Alberta Premier Danielle Smith, Saskatchewan Premier Scott Moe, Ontario Premier Doug Ford, and Quebec Premier François Legault called for reforms in how justices are appointed to superior and appeal courts in their provinces, as well as to the Supreme Court of Canada. While federal appointments include positions in the Supreme Court, Federal Court, superior courts, appeal courts, and the Tax Court of Canada, the process for lawyers seeking federal appointments involves applying to the Commissioner for Federal Judicial Affairs. Eligible candidates are then evaluated by seven-member federal judiciary advisory committees in each province.
The advisory committees subsequently provide the federal justice minister with a list of candidates for each appointment. Fraser indicated that he regularly seeks feedback from provincial counterparts on the names presented by the committees. While open to discussions on strengthening the consultation process, Fraser emphasized that the government is not considering a substantial overhaul in how judges are appointed. Provinces also make judicial appointments to provincial and territorial courts, including family, youth, and small claims courts.
The premiers’ letter highlighted the appointment practices in countries like the U.S., Germany, Australia, and Switzerland, where provincial-level governments have authority in appointing judges to superior and appeal courts. The premiers requested that federal judicial appointments for superior trial courts and courts of appeal be selected from candidates recommended and approved by the relevant provincial government. They also sought access to the same background information used by federal judicial committees in candidate selection to ensure diverse and province-specific appointments.
Fraser mentioned receiving positive feedback from all provinces, leading to several successful appointments, and expressed hope for continued collaboration. Industry Minister Mélanie Joly supported the premiers’ proposal, emphasizing the benefits of collaborative federalism for all Canadians. Meanwhile, Premier Ford has openly criticized judges in Ontario, advocating for potential reforms such as electing judges to enhance accountability. Alberta Premier Smith has also expressed the need for more influence in appointing upper court judges in her province, citing concerns over perceived political affiliations among judges. She even raised the possibility of withholding funding for federally appointed judges without increased involvement in the selection process.