Justice minister won't meet premiers' demand for 'sea change' to how judges are appointed

Justice Minister Sean Fraser says he has no plans to change how judges are appointed in Canada despite four premiers writing to Prime Minister Mark Carney to ask for more of a say in the process.

"We haven't changed our point of view that we believe that the judicial appointments process is functioning," Fraser said Tuesday on his way into a cabinet meeting. 

Fraser said there is already a mechanism by which the provinces can consult with the federal government over judicial appointments, and that process is working. 

"If provinces want a greater role, we welcome them to take part in that consultation process when we reach out," he said.

Alberta Premier Danielle Smith, Saskatchewan Premier Scott Moe, Ontario Premier Doug Ford and Quebec Premier François Legault's letter to Prime Minister Mark Carney asks for reforms to the process for how justices are appointed to superior and appeal courts in the provinces, as well as how justices are appointed to the Supreme Court of Canada.

In Canada the federal government appoints judges to the Supreme Court, Federal Court, superior courts, appeal courts and the Tax Court of Canada.

Lawyers seeking a federal appointment begin by applying to the Commissioner for Federal Judicial Affairs. Candidates that meet the eligibility criteria are evaluated by seven-member federal judiciary advisory committees in each province.

The committee then provides the federal justice minister with a list of names to choose from for each appointment. Fraser says he has regularly reached out to seek feedback from his provincial counterparts about the names provided to him by the committees.

"To the extent that [the premiers] wish to have a conversation about how we can strengthen the role of that consultation, we'd be open to it. But we're not contemplating a sea change in the manner in which judges are appointed," he said.

The provinces, meanwhile, make judicial appointments to provincial and territorial courts in their jurisdictions as well as to family, youth and small claims courts.

The premiers' letter says that in countries like the U.S., Germany, Australia and Switzerland, provincial-level governments make appointments to the equivalent of superior and appeal courts in their respective juristictions and they want that same authority afforded to them. 

"We are therefore requesting that federal judicial appointments for superior trial courts and courts of appeal of the provinces be chosen from candidates recommended and approved by the relevant provincial government," the letter says. 

The premiers say they also want full access to the same background information used by the federal judicial committees when selecting candidates. 

"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 says.