Justice Minister Sean Fraser says Ottawa plans to stick to the current process for appointing judges.Patrick Doyle/Reuters
Federal Justice Minister Sean Fraser has rejected Alberta Premier Danielle Smith’s appeal for the province to have more say over judicial appointments.
Ms. Smith said on Tuesday she would withhold some judicial funding if Ottawa did not agree to her demands.
But Mr. Fraser said he will be sticking with the current process.
“I’m planning to maintain the process that we have in place that has independence, that has rigour, that has led to stellar candidates being appointed, including as recently in Alberta,” Mr. Fraser told journalists on his way to a weekly meeting of the Liberal caucus.
“We welcome the feedback from representatives of the Alberta government through that process and they have participated. It’s been very helpful. I hope they continue to participate.”
Ms. Smith’s call marks the latest effort to assert more provincial political power over the judicial process.
In a letter to the Prime Minister as well as a news release this week, Ms. Smith also said she wants the province to have a greater say in appointments to the Supreme Court of Canada, and for Ottawa to reduce bilingualism requirements for judges on the top court.
Alberta MP Corey Hogan said that the constitutional law is clear, and you don’t need to be a lawyer to understand it.
“You can’t say, ‘Oh, I want to appoint federal judges so absent that, I’m just going to withhold funding,’” the Liberal member told journalists outside the caucus meeting. “That’s not the way that the Constitution works.”
Former federal cabinet minister Steven Guilbeault said Quebec has also sought more influence over the process.
“Quebec has been saying, for some time, that they want more say in the nomination of judges,” Mr. Guilbeault, formerly the environment and Canadian heritage minister, said.