Second Coalition of Alberta Lawyers Sounds Alarm on Democratic Backsliding
In a striking development, a second group of Alberta lawyers has released an open letter within weeks, expressing grave concerns that recent actions and rhetoric from the provincial government are precipitating a decline in democratic norms. The Alberta Coalition of Defence Counsel, representing 400 members from four regional defence lawyers' groups, issued the letter late Thursday, echoing similar warnings from 171 members of the Law Society of Alberta just two weeks prior.
Erosion of Rule of Law and Individual Rights
The letter asserts that over the past six months, Premier Danielle Smith and her administration have jeopardized individual rights, consolidated political power within the office of the justice minister, and threatened judicial independence. It starkly warns, "Protecting the rule of law should be a priority for every Albertan. Without it, we have no individual rights. Its erosion promotes tyranny and oppression, and has led to authoritarian dictatorships in regions not vastly different from our own." The authors characterize the government's moves as "a direct attack on the rule of law."
Specific Government Actions Cited
The lawyers point to several key examples to support their claims:
- Alberta's use of the notwithstanding clause, which allows legislatures to override certain Charter rights.
- Premier Smith's expressed desire to "direct" judges and exert more influence over judicial appointments.
- The government taking control of Alberta Law Foundation funds and granting the justice minister veto power over their allocation.
These actions, the letter argues, demonstrate a pattern where the government seeks to act "without sanction and without accountability," posing a direct threat to democracy and freedom.
Government Response and Justification
When questioned about the letter at a news conference, Premier Smith defended her stance, stating that the current federal appointment system for judges is skewed toward Ottawa. She emphasized, "In the end, the administration of justice falls to us. When you become a large-population province as complex as we are with the kind of economy that we do with, of course, the kind of difference in culture and values in Alberta than we're seeing in the rest of the country, it makes sense that your judiciary would draw from a pool of people who understand Alberta."
Justice Minister Mickey Amery supported this view, citing 2023 statistics from Postmedia that showed 81% of judicial and tribunal appointments by Ottawa between 2016 and 2023 had no prior political donations, while of the 19% who did, over three-quarters donated to the Liberal Party. Amery argued, "It's important that we have a more prominent role" in the appointment process to ensure alignment with Alberta's values.
Broader Implications and Legal Community Concerns
This latest letter underscores a growing unease within Alberta's legal community regarding the potential undermining of democratic institutions. The repeated warnings highlight fears that consolidating power and influencing judicial independence could set dangerous precedents, eroding checks and balances essential for a healthy democracy. As these debates unfold, the focus remains on how these actions will impact the rule of law and individual freedoms in Alberta moving forward.
