Alberta can take over the appointment of its King's Bench and Court of Appeal judges from the federal government.

Summary

Section 96 of the Constitution Act, 1867 gives the appointment of a province's superior-court judges, in Alberta the Court of King's Bench and the Court of Appeal, to the federal level: the Governor General appoints them on the advice of the federal Cabinet, while the province administers the courts. That power cannot be moved to the province by a provincial law or a referendum result. Transferring it would require a constitutional amendment with federal consent, something Alberta's own government acknowledges by framing the ballot question as working with other willing provinces to amend the Constitution. The fair point on the other side is that a province does not need an amendment just to have a say: provinces already take part in the existing appointment process and can seek a larger role through agreement. What the bare claim gets wrong is the full handover, which is the part that needs an amendment, not Alberta having any role at all.

Evidence

• Section 96 provides that the Governor General appoints the judges of the superior, district and county courts in each province, which by convention is done on the advice of the federal Cabinet.

  Constitution Act, 1867, section 96 (Justice Laws)

• Alberta's government says changing who selects King's Bench and Court of Appeal judges requires amending the Constitution, while the federal government notes provinces already play a role in the existing appointment process.

  Edmonton Journal (Alberta seeks constitutional amendment on judicial appointments)

Related claims

• A provincial referendum is enough for Alberta to secede.False
• The 2021 referendum means equalization is being removed from the Constitution.False
• Alberta is under-represented in the Senate.True
• Alberta's provincial laws take priority over conflicting federal laws in areas of provincial or shared jurisdiction.False
• A yes vote on the October 2026 Alberta referendum would abolish the federal Senate.False
• A yes vote on the October 2026 Alberta referendum would let Alberta appoint provincial superior court judges without federal involvement.False