Alberta Lawyers Sound Alarm Over Premier's Remarks on Judiciary
A coalition of 171 legal professionals from Alberta has issued a stark warning in an open letter, expressing deep concern that recent statements and policies from Premier Danielle Smith and her government are actively undermining the province's democratic foundations. The letter, published on Thursday and titled Recent Attacks Against the Rule of Law, represents a significant and coordinated response from members of the Law Society of Alberta.
Direct Criticism of Judicial Comments
The legal professionals specifically cite Premier Smith's remarks on her radio show, where she expressed a desire to "direct" judges, as well as her previous characterizations of judges as "activist" and "unelected" individuals who undermine decisions made by elected officials. The letter argues these comments represent a dangerous pattern that threatens the essential separation of powers in a democratic society.
"Democracy and justice in Alberta are being threatened," the letter states emphatically. "Alberta is being abused by its own government much the same way the United States of America is being abused by its current president." This comparison to American political dynamics underscores the seriousness with which these legal experts view the situation.
Pattern of Concerning Actions
The lawyers outline several specific concerns that demonstrate what they describe as a sustained attack against Alberta's judicial branch:
- Premier Smith's apparent willingness to use the Charter's notwithstanding clause to override court decisions she finds "unwelcome"
- Mischaracterization of a Supreme Court of Canada decision regarding child pornography
- "Retroactive" changes to citizen initiative rules that alter the democratic process
The authors emphasize that "The Government of Alberta, in order to maintain a free and democratic society, must agree to allow itself to be held accountable under the rule of law, and have faith in our democratic institutions."
The Gradual Erosion of Democratic Norms
Perhaps most chilling is the letter's observation about how democracies typically decline: "Democratic institutions do not usually collapse; they wear down." The lawyers explicitly reference the United States again while warning, "These examples show that this not only can happen in Alberta — it is happening. The choice now is whether to accept that erosion, or resist it while resistance still matters."
Judicial Independence Under Scrutiny
The letter notes that Alberta's chief justices recently issued a rare public statement affirming the importance of judicial independence in a healthy democracy. While Premier Smith responded by acknowledging the importance of an independent judiciary and stating her government respects each branch's role, her subsequent actions have raised further questions.
Earlier this week, Smith sent an open letter to Prime Minister Mark Carney indicating her government's willingness to withhold funding for new judicial positions unless Alberta gains greater influence in judge selection. This move has been interpreted by some as leveraging financial pressure to gain political control over judicial appointments.
Historical Context of Ethical Concerns
The current controversy follows an incident in June 2023 when Premier Smith apologized in the legislature after Alberta's ethics commissioner ruled she had contravened the Conflict of Interest Act. The violation occurred when Smith discussed a criminal case involving street preacher Artur Pawlowski with then-justice minister Tyler Shandro, raising questions about appropriate boundaries between political and judicial matters.
The premier's office did not respond to requests for comment regarding the lawyers' open letter, leaving these serious allegations unanswered as Alberta's legal community raises fundamental questions about the health of the province's democratic institutions.
