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Danielle Smith on Judges

Seeks greater judicial say (strong)

TL;DR

Danielle Smith strongly advocates for Alberta to gain more input into federal judicial appointments to reflect provincial values.

Key Points

  • She sent a letter to the Prime Minister demanding a change to the judicial appointment process to include equal provincial representation on an advisory committee.

  • The Premier threatened to withhold support funding for new Court of King's Bench appointments if the federal government did not agree to her proposed collaborative selection process.

  • The Premier has stated a desire to be able to direct judges, specifically concerning bail decisions, following public safety concerns.

  • She also called for relaxing the bilingualism requirement for judges on the Supreme Court of Canada, arguing it stacks the deck against Albertans.

Summary

Danielle Smith has taken a vocal stance demanding greater provincial influence over the selection of judges appointed to Alberta's superior courts, including the Supreme Court of Canada. This position is underpinned by the argument that the current federal judicial advisory committee lacks parity, as it includes fewer provincial nominees than federal ones. She has used the threat of withholding future support funding for new judicial positions as leverage to secure a collaborative, equal-representation committee for appointments, asserting this is necessary to ensure judges reflect Alberta's distinct legal traditions and strengthen public confidence.

This push has drawn significant criticism from legal bodies, who characterize the threat to withhold funding as an attack on judicial independence that punishes Albertans by limiting access to justice. Furthermore, the Premier has publicly expressed a desire to direct judges, particularly regarding bail decisions, which was met with a rare public statement from the chief justices of Alberta's three court levels reinforcing the essential separation of powers. While the Premier has framed her actions as seeking respect comparable to that afforded to Quebec in Supreme Court appointments, critics argue her approach risks politicizing the judiciary, drawing comparisons to other political figures who have similarly criticized judicial decisions.

Key Quotes

“I wish I could direct the judges, honestly,”

“Especially since 80 per cent of the judges or so have been demonstrated to have Liberal party donations, I don't know why anyone would think that the process we have right now is free of politics,”

Frequently Asked Questions

Danielle Smith's primary position involves seeking greater provincial control over the appointment process for federal judges sitting in Alberta. She argues the current system is unbalanced and wants parity in the advisory committee that screens candidates. She believes this change is essential for ensuring judicial appointments reflect Alberta's values.

The core demand for greater input into judicial appointments has remained consistent since she formalized her request in January 2026. Her position has been characterized by the use of a funding threat as a negotiating tactic, which she has consistently defended as a necessary leverage point.

The Premier stated on her radio show that she wishes she could direct judges, particularly in relation to bail decisions, because she felt they were not operating as she expected. This statement prompted a rare public response from Alberta's chief justices emphasizing the necessity of judicial independence.