By Leslie Cholowsky, Editor
A few weeks ago, a group of lawyers from the City of Camrose penned a letter to the UCP government.
It says in part: “We are a group of Camrose and area lawyers, active and retired, and articling students, from different firms, and with different political leanings.
“While we often disagree on various issues, we are united in our concerns about recent actions of our provincial Government.
“We feel it is important to call out unacceptable behaviour and demand that our elected representatives protect our rights, and work for all Albertans. But this isn’t just a topic for lawyers to discuss amongst themselves. It’s critical that everyone get involved.”
The letter calls out the UCP government for changing rules about citizens petitions retroactive, “when they were not working in the Government’s favour, in an apparent attempt to stifle opposition.”
The group also protests the transfer of some powers of the Chief Electoral Officer to the Justice Minister.
The use of the notwithstanding clause four times in the last three months of 2025 is another concern stated in the letter.
Taking away the rights of groups like the Law Society of Alberta to sanction members who do not follow the code of conduct of the group was a concern.
The group also specifically called out Premier Danielle Smith for her criticism of Alberta’s courts, and a suggestion that federally appointed judges are unable to act impartially.
“We have strong, respected Courts with a reputation for principled decision making. We should all value and safeguard judicial independence. …
“Even if they may disagree with a particular decision, politicians should treat our Courts with respect, and not exert political pressure on them or try to undermine their legitimacy.
“In a democracy, we don’t always get our own way, but for it to function, there must be clear rules that are fair to all and can’t be changed on a whim for political expedience. As Churchill is reputed to have said, “Democracy is the worst form of government…, except for all the others.”
“We urge all citizens to use their voices to preserve our democratic institutions.”
The signatures affixed to the letter are: Dana Andreassen, Jessica Andreassen, Margaret Weir Andreassen, Eric Barstad, Michael Borth, Andrea Campbell, Mike Crochetiere, Scott Farnham, Alan Fielding, David Francoeur, Harry Gaede, Steven Hansen, Shanice Harris, Larry Johnson, Stephen Kambeitz, Kirk Laird, Joshua Mohr, Nestor Nychka, Verlyn Olson, Sydney Palmer, Kirstyn Rau, Kenneth Rostad, Doug Sawle, Peggy Shuman, Jonathan Sims, Ian Smith, Jeff Spady, Rory Suzukovich, Wayne Throndson, Conrad van Staden, and Martin West.
It’s notable that two of the signatories, Verlyn Olson and Kenneth Rostad are former Alberta Justice Ministers.
Just about a week later, a statement by the Chief Justices of Alberta Courts also circulated calling for, among other things: “Independence of the judicial branch protects the public. It ensures judges can make decisions based solely on the law and evidence presented. It frees judges from pressure or influence from external sources including the governments that appoint us.
“Each day in Alberta’s courthouses, judges apply the law – to protect individual rights, decide disputes fairly and hold parties, including governments, accountable. The rule of law means no one is above the law, everyone is treated equally before the law, and power is not used arbitrarily. Alberta’s judges will continue to do this work faithfully.
“Alberta’s judges are Albertans, like the people we serve. We are proud of the work judges and staff do every day to protect the rights of all Albertans and to safeguard our democracy.”
The letter is signed by Dawn Pentelechuk, Acting Chief Justice of Alberta, Kent H. Davidson, Chief Justice, Court of King’s Bench of Alberta, and James A. Hunter, Chief Justice, Alberta Court of Justice.
This letter was issued after Premier Danielle Smith, on her radio show the Saturday before last, said that she “wishes she could direct the judges.”
“An unelected judge is not synonymous with democracy. Democracy is when elected officials who have to face the electorate every four years get to make decisions,” Smith said on her call-in radio show in December.
As far as the letter from the Chief Justices, Canadian Bar Association Chris Samuel told the CBC, ““[Judges] are supposed to stay out of policy decisions that are properly within the scope of the elected legislature, so they have to stay in their lane, so to speak.
“I think this is what the statement alludes to: the same is also true for a government staying in its lane and not infringing on judicial independence.”
Despite the concerns, Smith and Justice Minister Mickey Armory called on the federal government for a “formal and meaningful role in the judicial appointment process that would… ensure judicial decision-making reflects the values and expectations of Albertans.”
The UCP has proposed a special advisory committee be formed consisting of four non-partisan experts from Alberta and the federal government.
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