Danielle Smith defends plan to withhold funding for Alberta judges

Smith said during her call-in radio show she would rather get to a conclusion that's amenable, fair and includes parity in the appointment process.

Alberta Premier Danielle Smith defended her threat to withhold funding for judges if her government doesn’t get more say on their appointment on Saturday, saying it’s a negotiating tactic.

Smith said during her call-in radio show she would rather get to a conclusion that’s amenable, fair and includes parity in the appointment process.

“It’s a negotiating position, of course,” she responded, after the radio show’s host and moderator asked whether withholding funds is the best way to create judicial change.

“We want some parity. So, we’ve started the conversation and, hopefully we’ll have some success on it.”

Smith’s comments come after she called on Ottawa — in a letter to Prime Minister Mark Carney made public last week — to let Alberta have more of a say on future judicial appointments to the province’s superior courts and the Supreme Court of Canada. She also threatened in the letter to withhold some court funding should Ottawa not agree to the new process she proposed.

Her office has noted the current federal judicial advisory committee for Alberta’s superior courts only includes one provincial nominee, but three federal nominees. Smith proposed in the letter a new four-person committee, with equal representation, requiring ministerial approval from both levels before appointments proceed.

Her proposal, she wrote, would help ensure judicial appointments “appropriately reflect Alberta’s distinct legal traditions,” and strengthen public confidence in the administration of justice. She also called on Ottawa to relax bilingualism requirements for judges on the Supreme Court of Canada.

Groups representing lawyers and other legal professionals have said Smith’s proposal compromises judicial independence and calls into question the integrity of sitting judges.