Feb 8 β€’ 11:00 UTC πŸ‡¨πŸ‡¦ Canada National Post

Colby Cosh: Why can Quebec ask for judicial reform, but not Alberta?

The article discusses Alberta Premier Danielle Smith's request for the federal government to allow Alberta more say in judicial appointments, similar to Quebec's arrangement, while also challenging recent bilingualism requirements for judges.

In a commentary piece published by the National Post, writer Colby Cosh evaluates Alberta Premier Danielle Smith's proposal for judicial reform that seeks to grant Alberta greater influence over federal judicial appointments. This follows a pattern established in Quebec, where the federal government consults with the provincial government before making such judicial selections. The article argues that it is constitutional for Alberta to request similar treatment, especially as the province approaches a pivotal Supreme Court appointment.

Cosh highlights the significance of this issue amid the impending vacancy on the Supreme Court, which draws attention to the bilingualism requirements that limit the pool of candidates eligible for appointment. The recent amendment to the Official Languages Act, which removed exemptions for the Supreme Court, is underscored as a contributing factor to the challenges facing Alberta's judicial representation. This change raises questions about equitable representation for all provinces and the ability of governments to reflect their distinct linguistic and cultural needs in judicial appointments.

The editorial illustrates broader implications for Canadian federalism, primarily focused on the ongoing dialogue surrounding equitable distribution of judicial power among provinces. Cosh advocates for a reevaluation of the standard processes that govern judicial appointments, particularly highlighting Alberta's right to seek reform that aligns with the practices in Quebec, thus sparking a significant debate on provincial authority and representation in the Canadian judicial system.

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