Provinces push to control judge appointments; chief justice resists
Alberta and Ontario are seeking constitutional changes to appoint provincial judges themselves, but Canada's top justice says impartiality requires federal independence.
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Canada's chief justice is pushing back against provincial efforts to gain control over judicial appointments, warning that independence is essential to democratic trust.
Chief Justice Richard Wagner told CBC that expecting judges to follow what politicians think is "a wrong conception of impartiality." Some provincial leaders, including Alberta Premier Danielle Smith and Ontario Premier Doug Ford, have criticized court decisions as "anti-democratic" and blamed "bleeding heart judges," fueling calls for constitutional change.
Currently, Ottawa alone appoints provincial superior and appeal court judges. Changing this would require approval from Parliament and at least seven provinces representing more than half the population—a high bar.
Wagner acknowledged disagreement with court decisions is normal. "We don't expect people to agree with all the decisions of our courts, but we expect people to trust the institutions," he said. "In other words, you can disagree, but accept the process."
He emphasized that when trust erodes, democracy suffers. While there's no perfect appointment system, Wagner stressed that citizens need confidence in judges' impartiality. If politicians contest the legitimacy of courts rather than appealing decisions or changing the law, the judicial system's foundation weakens.
The federal government has signaled it has no plans to change how judges are appointed. Wagner's intervention adds institutional weight to the argument that removing federal oversight could politicize the bench.