Justice Minister Sean Fraser talks to reporters before caucus on Parliament Hill in Ottawa, Wednesday, Nov. 19, 2025. (THE CANADIAN PRESS)
Canada’s Justice Minister, Sean Fraser, has rejected a request from the premiers of four provinces to gain more influence over the nomination of judges. The premiers, from Alberta, Saskatchewan, Ontario, and Quebec, asked for a greater role in selecting judges for superior courts, provincial courts of appeal, and the Supreme Court of Canada.
Minister Fraser responded by telling reporters that the federal government believes the current process for judicial appointments is working well. He noted that the government has received positive feedback from provinces about the judges appointed in recent years.
“We’ve had a lot of positive feedback from a range of different provinces,” Fraser said. “Many of those appointments have proved to be excellent.”
While he acknowledged the need for ongoing consultation with the provinces during the appointment process, Fraser made it clear that the government would not make any significant changes to how judges are selected. The premiers’ request included a call for more authority in the final decisions, but Fraser indicated the federal government is not considering major changes or constitutional amendments to the process.
The Premiers’ Request for More Power in Judicial Appointments
In a letter to Prime Minister Mark Carney, the premiers of Alberta, Saskatchewan, Ontario, and Quebec argued that they should have a larger role in selecting judges. They pointed to other federal countries, such as the U.S., Australia, Germany, and Switzerland, where sub-national governments play a bigger part in the judicial selection process.
The letter emphasized that Canada’s system is unusual, with the provinces seeking a more “substantive role” in appointing judges for their superior courts to respect the principles of federalism. Ontario Premier Doug Ford, who signed the letter, cited the case of bail reform as one reason why the province should have more influence over judge appointments.
“When they’re hiring these judges, a lot of their decisions are made in provincial jurisdictions,” Ford said. “We want to make sure we have a judge that respects the people and will keep people in jail.”
Ford referred to the case of Darren Scott Ray, a man convicted of a 1987 murder and recent parole decision, as an example of why provincial governments should have more control over judicial appointments.
Federal Response to Premiers’ Concerns
Fraser pointed out that there is already substantial consultation between the federal government and provincial leaders when judges are appointed. He said that when provinces describe an appointed judge as a “top tier” professional and an asset to the legal system, it shows that the process is working.
The premiers, however, want more active involvement in the process to ensure that judicial appointments reflect the unique needs and diversity of each province and territory. Despite this, Fraser confirmed that the federal government is not considering any major changes to the system and is not planning to amend the Constitution.
Tensions Between Provinces and the Federal Government
The request for more involvement in judicial appointments comes after Premier Danielle Smith of Alberta threatened to withhold funding for new judicial positions in the province if the federal government did not allow for more provincial input. In a letter from January, Smith stated that Alberta would not provide the necessary funds unless there was more collaboration on judicial appointments.
“We will not agree to provide the necessary funding to support any new judicial positions in the province until such engagement and collaboration are provided,” Smith wrote.
