Albertans will vote on provincial control of judge appointments in October referendum
A "yes" vote would endorse Alberta's push for a constitutional amendment to appoint its own superior court judges, a power held federally since Confederation.
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Albertans will decide this fall whether the province should seek control over who gets appointed to its highest courts—the Court of King's Bench and Court of Appeal—a shift that would require overturning a constitutional arrangement dating to 1867.
The referendum question asks whether Alberta should pursue the power to appoint its own superior court judges, rather than having the federal government make those selections as it has since Confederation. A "yes" vote wouldn't immediately change the system; instead, it would endorse Alberta's pursuit of a constitutional amendment—a process requiring support from Parliament and at least seven provinces representing half of Canada's population.
The province argues that "provinces should have a direct voice in selecting judges who will interpret and apply their laws." Alberta has already passed a legislative motion seeking to amend the Constitution on this issue, and has joined Ontario, Quebec, and Saskatchewan in pressing Prime Minister Mark Carney for provinces to have a more formal role in judicial appointments.
Critically, Ottawa has already rejected earlier Alberta proposals on the subject. Gerard Kennedy, an associate professor in the faculty of law at the University of Alberta, noted the legitimacy of the debate but raised a key hurdle: "You don't just need the provinces to agree, you also need the federal government to agree." He questioned whether Ottawa would willingly surrender a significant constitutional power, even with multi-province support.
Today, lawyers considered for Alberta's federally appointed superior courts are screened by a judicial advisory committee that includes representatives from the province's chief justice, the Law Society of Alberta, the Canadian Bar Association, and Alberta's justice minister. Critics argue Alberta already has meaningful input through this process, though the province disputes whether current arrangements give it genuine influence.
This referendum marks the latest step in a broader provincial push to expand control over judicial selection—one of several constitutional questions Albertans will weigh in October, alongside separation and immigration.
What is the exact wording of the October referendum question about judicial appointments that will appear on ballots?
What are Ottawa's stated reasons for rejecting Alberta's earlier proposals on judicial appointment reform?
We'll update this story as answers emerge.
The facts
When will Albertans vote on provincial control of judge appointments?
Albertans will vote on the referendum in October 2026.
Which courts would Alberta seek to appoint judges to?
Alberta would seek to appoint judges to the Court of King's Bench and Court of Appeal, the province's highest courts.
What does a 'yes' vote require to actually change the system?
A 'yes' vote would endorse Alberta's pursuit of a constitutional amendment, which requires support from Parliament and at least seven provinces representing half of Canada's population.
Which other provinces have joined Alberta in pressing for judicial appointment control?
Ontario, Quebec, and Saskatchewan have joined Alberta in pressing Prime Minister Mark Carney for provinces to have a more formal role in judicial appointments.
