EDMONTON — The Law Society of Alberta sounded the alarm over what it views as an attack on democracy and justice by the Government of Alberta, in an open letter signed by 138 lawyers and released on Thursday. "It is clear. Democracy and justice in Alberta are being threatened," reads the letter. "Alberta is being abused by its own government much the same way the United States of America is being abused by its current president.""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 LSA letter pointed to numerous ways in which the Government of Alberta has infringed on the boundaries between elected officials and judicial officers in the last few months."In the Legislature, Premier Smith mischaracterized a Supreme Court of Canada decision as affirming a right to possess child pornography, arguing that elected officials must override unelected judges," the letter reads."The same reasoning appeared elsewhere: citizen petition rules were retroactively changed, the independent powers of the Chief Electoral Officer were transferred to the Justice Minister, and the Law Society was stripped of authority to sanction that Minister—notwithstanding that he is a lawyer and presumptively bound by the same Code of Conduct as we all are."The notwithstanding clause was invoked on two bills during the fall assembly session, which the LSA argues deprives judges of their duty to protect rights and interpret the law, even when unpopular."The attacks on the rule of law in Alberta have been so grave that the Chief Justices of Alberta have released their own statement affirming their role in our democracy, including holding the government accountable, and protecting the rights of Albertans," the letter reads.It also pointed to recent claims and actions by the Government of Alberta aimed at pressuring judges to be "more constrained." Smith has been on record referring to judges and courts as sometimes being "gatekeepers," preventing elected officials from doing the jobs Albertans chose them to do."Democratic institutions do not usually collapse; they wear down. 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," the letter reads in closing..Smith and Justice Minister Mickey Amery wrote a letter to Prime Minister Mark Carney on Tuesday, calling for reforms to Canada's judicial appointment system and for Alberta to have more of a say in provincial judge selection and Supreme Court of Canada appointments.The Canadian Bar Association subsequently released a harsh response letter on Thursday, criticizing Alberta's government for its letter to the Prime Minister and its threat to withhold judicial funding in Alberta until their concerns are met."If the Government of Alberta is genuinely concerned about access to justice, it should invest in court infrastructure rather than leverage funding to advance demands that are inconsistent with the Constitution," wrote the CBA."Adequate and stable resourcing for the justice system must remain a priority. Tactics that delay or obstruct judicial appointments ultimately punish Albertans by limiting access to a properly functioning justice system."
