Published on March 28, 2026
The Canadian Bar Association (CBA) has expressed strong opposition to recent calls from four provincial premiers seeking to influence the federal government’s process of appointing judges to provincial superior courts and appeals. This development raises concerns about the potential politicization of judicial appointments in Canada, a country that prides itself on an independent judiciary.
In a joint statement released earlier this week, the premiers of Alberta, Saskatchewan, Manitoba, and British Columbia demanded more substantial roles for provincial governments in the selection of judges. They argue that local input is essential for ensuring that the judiciary reflects regional values and priorities. However, critics, including the CBA, argue that this shift could undermine the impartiality of the judiciary.
“The integrity of our legal system relies on the independence of judges from political pressures,” stated CBA President Jennifer S. McKenzie. “Any move to inject politics into this process poses a significant risk to our democracy and the rule of law.” The CBA emphasizes that the current appointment process, which involves a merit-based system and input from legal professionals, is crucial in maintaining judicial impartiality.
In response to the premiers’ push for change, the federal government reiterated its commitment to a transparent and non-partisan process for judicial appointments. A spokesperson noted that the existing system ensures that qualified candidates are selected based on their legal expertise and experience rather than political affiliations.
Legal experts warn that altering the appointment process could lead to a judiciary that prioritizes political considerations over legal principles. “We have seen in various jurisdictions around the world how politicized judicial appointments can erode public confidence in the legal system,” noted constitutional law scholar Dr. Maria Chen. “It’s imperative that Canada learns from those lessons and preserves the independence of our judiciary.”
The debate comes at a time when the judiciary’s role in various social issues, including Indigenous rights and climate change legislation, is under increased scrutiny. The aforementioned premiers argue that having a say in appointments would allow provincial governments to influence decisions on matters pertinent to their regions.
As the discourse surrounding judicial appointments evolves, the CBA remains firm in its position that any changes should prioritize the principles of fairness, independence, and non-partisanship. With a foundation based on the rule of law, Canada’s legal community is calling for a thoughtful and careful examination of any proposed alterations to the existing system.
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