The headlines read: “Smith urges PM to give Alberta more say in selection of judges”. Premier Smith called on Prime Minister Carney to give her UCP government more say over judicial appointments including the Supreme Court of Canada. The premier threatened to withhold some judicial funding if Ottawa did not agree to her demands. In a radio talk show, Premier Smith said “I wish I could direct the judges”.

Our Constitution gives the Governor General (i.e. the federal branch of government) the exclusive power to appoint judges to the Supreme Court of Canada, provincial appeal courts and superior court judges. Provinces have constitutional authority over the administration of justice in the province, that is, how the court system is managed.

Aside from encroaching on federal power, the Premier’s demand was an interference with the Constitutional principle of judicial independence. It prompted a rare judicial statement regarding the Premier’s statements. The Chief Justices of Alberta’s three courts - the Court of Justice, the Court of King’s Bench and the Court of Appeal issued a joint statement underlining the importance of judicial independence in our democracy. The joint statement said, in part:

“A properly functioning democracy requires three separate branches of government that exercise their power and authority independently according to the Constitution…

Independence of the judicial branch protects the public. It ensures judges can make decisions based solely on the law and evidence presented. It frees judges from pressure or influence from external sources including the governments that appoint us.”

What is the principle of judicial independence and why it is so important in safeguarding democracy is the subject of our next discussion.