Should the province have more say on judicial appointments
Summary
This episode of Alberta at Noon examines Question Six of the upcoming provincial referendum, which asks if Alberta should pursue a constitutional amendment to control judicial appointments for the King’s Bench and Court of Appeal. Host Andrew Brown and guest law professor Gerard Kennedy explain the current federal appointment process, the role of the Judicial Advisory Committee, and the historical context of the division of powers. They discuss the UCP government’s motivations, including concerns over specific court rulings and the desire for locally attuned justice, while weighing the risk…
Topics discussed
Sponsor: Perk travel and spend platform
Introduction to Referendum Question 6 on judicial appointments
Explaining the difference between superior and inferior courts
Current process: Federal appointment and JAG committee role
Discussion on the non-partisan nature of the system
Caller inquiry: Is this a campaign issue or a real problem?
Arguments for local judicial administration and US comparison
Clarifying the specific constitutional change proposed by Alberta
Concerns about politicization and American-style heated appointments
Email response: Civic knowledge vs. quiet democratic norms
Caller questions: Examples of provincial interest conflicts
Specific case: Transgender youth sports injunction and Charter rights
Alberta's distinct legal tradition vs. Quebec's civil law
Caller Gail: Constitutional clarity and separation precedents
News: ATB economic outlook and municipal infrastructure funding
Hypothetical: Designing the judicial system from scratch
Caller Robert: Provincial representation on the JAG committee
Email response: Balance of power and UCP ministers' conduct
Legal feasibility: Can Alberta unilaterally change appointments?
Constitutional amendment hurdles and historical precedents
Caller Kay: Financial implications and salary funding
Provincial influence: Recommendations to the Federal Minister
Conclusion: Likely outcomes of voting yes or no
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