Four premiers ask for greater say in superior, appeal court judge appointments

The premiers point to similar processes in the United States, Australia and parts of Europe, and say reforms are needed in Canada to maintain public confidence in the courts.

“Active engagement of our governments will help ensure that judicial appointments appropriately reflect the diversity and the unique needs of each province and territory,” the letter reads.

“Providing our governments with a formal and meaningful role in the appointment process to superior trial courts and courts of appeal, as well as to the Supreme Court of Canada, will strengthen public confidence in the administration of justice, promote an open and cooperative federalism, and help ensure the judiciary reflects the communities it serves.”

The call was quickly brushed aside by Federal Justice Minister Sean Fraser on Tuesday.

“We’re not contemplating a sea change in the manner of which judges are appointed,” Fraser told reporters in Ottawa.

He said the current appointment process was working well — a process that already takes provincial considerations into account, he said.

“If they have substantive concerns about the judges that are being appointed, they should say so, but my perspective right now is that when they have been invited up, until very recently, we’ve seen willingness to participate,” Fraser said.

He said he hadn’t spoken with the premiers since they shared the letter Tuesday but that he planned to discuss it with his provincial counterparts in justice.

Ontario Premier Doug Ford said he expected to receive a response from Carney, and noted that the four provincial signatories represent much of Canada’s population.

“I think we deserve a say on who the appointment is going to be,” he told reporters in Toronto.

Premiers Scott Moe in Saskatchewan and Quebec’s Francois Legault — who is expected to step down from the role next month after his Coalition Avenir Québec announces his successor as party leader — also reiterated on social media that provinces need more a say.

“Provinces know their communities best,” Moe said. 

“A meaningful role in judicial appointments ensures our courts reflect each province’s realities.”

The letter comes after Alberta Premier Danielle Smith made a similar request earlier this year and threatened to withhold some court funding unless Ottawa took action. Her justice minister told reporters last week that the government’s new budget maintains normal funding and that the premier “made a point.”

Smith proposed in a January letter to Carney that a new type of committee be struck to assess potential judicial appointees in her province. The committee would feature an equal number of provincial and federal representatives.

Fraser also rejected that request from Smith.

The Canadian Bar Association and its Alberta chapter criticized the premier at the time for trying to make judicial appointments a political issue. 

The association took issue with Smith saying the province having more input in the appointment process would “ensure judicial decision-making reflects the values and expectations of Albertans.”

“Judges must fairly and independently apply the law, not produce outcomes that suit the government of the day,” the association’s president and Alberta president wrote in a February statement.

The statement also noted that Alberta’s government has an appointee on the existing seven-person committee that advises on potential judicial appointments. 

That committee also features a representative from the Law Society of Alberta, the Canadian Bar Association and the province’s chief justice alongside three federal government nominees.

Smith reiterated her position in a news release Tuesday, saying when provinces have more of a say in judicial appointments “decisions better reflect the needs of the people they serve.”

“A more collaborative approach will strengthen confidence in the justice system and ensure the appointment process is transparent and consistent,” Smith said.

This report by The Canadian Press was first published March 24, 2026.

— With files from David Baxter in Ottawa.