The federal Liberal government isn’t considering changing the process for selecting judges after Alberta Premier Danielle Smith threatened to withhold funding to support new judicial appointments if the federal government doesn’t give the province a say on who is picked.

In a letter to Prime Minister Mark Carney made public Tuesday, Smith says the appointment process for judges needs reform and called for the creation of a joint committee to make recommendations to fill vacancies in her province.

Speaking to reporters on Wednesday, Justice Minister Sean Fraser said no changes were forthcoming and he would “maintain the process” which has led to “stellar candidates being appointed,” including in Alberta last week.

He added that the existing selection process protects the independence of the judiciary and the rule of law.

“We need to rigorously adhere to the boundaries of the Constitution, including the need to protect the independence of the judiciary,” Fraser said before the weekly Liberal caucus meeting.

“These are values that we have taken for granted for many years as Canadians, but as examples around the world have showcased, nowhere is safe from democratic backsliding, and if we’re going to have a functioning democracy, an independent judiciary is a key part of it.”

Smith’s letter comes as the federal government prepares to name a new justice to the Supreme Court to replace Sheilah Martin, who announced earlier she would step down in May.

Based on the usual geographic breakdown of the court, it’s expected the new justice will come from Western Canada. Martin was an Alberta appeals court judge before her appointment.

Smith said she wants the province to be consulted on future appointments to the Supreme Court as well as the Alberta’s Court of King’s Bench and Alberta Court of Appeal.

She proposed a committee that includes Alberta appointees to help assess and recommend King’s Bench and Court of Appeal candidates to justice ministers and recommend candidates for the Supreme Court of Canada to be agreed on by ministers and submitted to the prime minister.

Smith said the collaboration would help ensure the appointments “appropriately reflect Alberta’s distinct legal traditions,” and strengthen public confidence in the administration of justice.

Fraser said the Alberta government has already provided feedback through the existing selection process, and called those contributions “very helpful.”

The federal government has several advisory committees that assess applications for judicial vacancies. Ultimately, the government makes the final decision.

There are separate advisory committees for each province and territory, as well as the federal tax court.

The seven-member committees are made up of three selections from the province, three selected by Ottawa and one from the Canadian Bar Association.

The provincial or territorial justice minister selects one member, while one each is selected by the jurisdiction’s chief justice and law society.

A separate committee is usually established to make recommendations for Supreme Court vacancies.

In her letter, Smith called on Carney to relax bilingualism requirements for federal appointees, saying imposing bilingualism on Supreme Court judges further entrenches both barriers and Western alienation.

Based on changes passed into law in 2023, Supreme Court justices must be bilingual.

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In defence on her proposal, Smith pointed to United States and Australia, where states can appoint state-level superior court judges, saying a discussion on reform is long overdue.

While the federal government appoints and pays the judges serving on superior courts in Alberta, the province pays for support staff, including judicial assistants, legal counsel, sheriffs and court clerks, as well as furniture, cellphones, and computers.

Shawn King, president of the Criminal Trial Lawyers Association, which speaks for defence lawyers across the province, said if Smith follows through on her ultimatum to withhold funding from courts, the already-stressed justice system will “implode.”

“At least in criminal cases, it means that matters are going to be stayed hand over fist, and who’s going to be blamed for that?”

King said courts will see more Jordan applications, which are legal motions to dismiss criminal charges due to unreasonable trial delays.

“This is potentially catastrophic,” he said.

He added it’s currently not unusual to see matters adjourned or rescheduled due to a shortage of judges.

Smith’s letter comes after Alberta’s three chief justices, in a rare public statement last week, urged respect for the independence of the judicial branch, saying democracy only functions when all three branches of government operate independently.

Smith has recently said she wished she could “direct” judges in regards to bail rules and decisions. In recent months, the premier has repeatedly criticized what she calls “activist” courts and “unelected” judges.

Smith has said she believes in parliamentary supremacy, and in the fall sitting of the legislature, invoked the Charter’s notwithstanding clause four times to shield her government’s laws from court challenges.

with files from the Canadian Press