A yes vote on the October 2026 Alberta referendum would let Alberta appoint provincial superior court judges without federal involvement.
Claimed by: Common misunderstanding of the 2026 referendum ballot
False: False as written according to the settled evidence. How we rate.
Summary
Question 6 asks whether Alberta should work with other willing provinces to seek a constitutional amendment so provincial governments, rather than the federal government, would select justices appointed to provincial King's Bench and Appeal courts. A yes vote would express support for pursuing that amendment; it would not change judicial appointments on its own. The referendum result is non-binding, and altering the appointment process would require a constitutional amendment with broad federal and provincial agreement, not a single province's ballot. Superior court judges are currently appointed by the federal government under section 96 of the Constitution Act, 1867, so presenting a yes vote as immediately transferring appointment power misstates what the question does.
Evidence
Question 6 asks whether Alberta should work with other willing provinces to amend the Constitution so provincial governments, not the federal government, would select justices appointed to provincial King's Bench and Appeal courts.
Section 96 of the Constitution Act, 1867 assigns appointment of superior-court judges to the Governor General on federal advice, so a provincial referendum cannot by itself transfer that power.
The Canadian Taxpayers Federation referendum decoder describes Question 6 as symbolic advocacy for a constitutional amendment pursued with other provinces.