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By Alberta Coalition of Defence Counsel (ACDC)

Op-Ed

Rule of law under attack

Mar 3, 2026 | 1:19 PM

Democracy and the rule of law in Alberta are under attack.

As the unified voice of 400 defence lawyers across Alberta, the Alberta Coalition of Defence Counsel (ACDC) is sounding the alarm. Our members dedicate their lives to ensuring government actors are accountable for the ways they exercise their power. The Alberta government is consolidating its own power and negating the mechanisms designed to hold the government accountable, and the danger cannot be ignored.

The rule of law is the foundation of any free and democratic society. It dictates that everyone – individuals, institutions, and governments – are held accountable according to the same laws, and that accountability under those laws is adjudicated transparently, in public courtrooms, and independently, before neutral judges and decision-makers. It prevents the abuse of power by governments, demands governments act with integrity and in the public interest, guards against government overreach, protects fundamental freedoms for individuals, and ensures that no person or government is above the law.

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.

Independent and impartial courts are essential to preserve the rule of law. Our rules mean nothing unless they are tested and enforced in processes that are conducted fairly, and ruled on by judges who remain constitutionally protected and separate from any whims of the government of the day. These judges can hold the government accountable for its actions through lawsuits and other legal actions, and may strike down unconstitutional laws passed by the Alberta government. These judges must retain the power to undertake these responsibilities without fear of reprisal or retribution. They are also heavily constrained in their ability to publicly defend or explain themselves, as their legitimacy and integrity depends on their discipline in remaining neutral and out of the political sphere. While good faith disagreement and criticism is part of a healthy democracy, safeguarding the rule of law means all branches of government and participants in our governmental and legal spheres must act and speak in ways that ensure judges can do their work free from threats and baseless attacks, and retain the respect of the public.

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In the last six months Alberta has faced unprecedented attacks by the government on the systems that protect our fundamental rights – these attacks have come on multiple fronts:

Removing Individual Rights and Access to Accountability

● Twice last year, in October and December of 2025, the Government of Alberta acted to eliminate judicial scrutiny of their decision-making entirely, using the Notwithstanding clause, section 33 of the Charter of Rights and Freedoms, to force teachers back to work and to block resources to transgender children. This use of the Notwithstanding clause strips people in Alberta of the protections of sections 2, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of the Charter for a five year period.

Consolidating Power and Eliminating Independent Decision-Makers

● In December 2025, the government gave itself powers around elections that were previously held by the Chief Electoral Officer and exercised independently. Those powers now belong to the Justice Minister. This came at the same time the government, through legislation, made the Justice Minister immune from sanction by the Law Society Alberta, the governing organization for lawyers. The Justice Minister must be a lawyer and a member of the Law Society of Alberta, meaning they have always been subject to the code of conduct and ethical standards that lawyers in Alberta must uphold, as members of the self-governing profession. The Justice Minister now operates without the oversight or accountability that applies to every other lawyer in the province, and cannot be subject to sanctions from the Law Society of Alberta.

● At the same time, the government took control of decision-making on the private funds generated through interest on lawyer trust accounts in Alberta. The Alberta Law Foundation has exercised independent and expert judgment in distributing these funds, which are collected in a fund. These funds have, until now, supported organizations that serve all Albertans through the provision of legal education, information, and programs designed to assist those facing barriers to access to justice. In December 2025, the government gave itself veto power over this decision-making, passing legislation that gives the Justice Minister final say on large grants issued by the Alberta Law Foundation and giving the minister substantial control over their by-laws. The concerns over this interference are so significant that the entire Alberta Law Foundation staff quit in protest.

Undermining the Judiciary and Attacks on the Independence of the Courts

● In the Alberta Legislature in October 2025, the Premier misstated that the Supreme Court of Canada had recently ruled to make it legal to possess child pornography, and suggested to the Prime Minister that he use the Notwithstanding clause to override the Supreme Court’s decision. The Supreme Court of Canada decided no such thing. This kind of misrepresentation, echoes of which the government also spread on social media, directly undermine public understanding of the laws that govern them, and erode respect for the rule of law and the judiciary.

● January 2026, the Premier stated a desire to “direct” judges to “tune them in” regarding bail rules, judicial appointments, and sentencing. She also asked judges to show leniency when deciding matters involving her government and legislation. She further stated that these judges are not elected, suggesting judges are not acting fairly and independently. Justices are meant to be neutral. They are meant to have the freedom to act in accordance with the law no matter the political party in power.

● Further to this, the Premier sent a letter to the Prime Minister asking for more say in the appointment of King’s Bench justices, and Supreme Court of Canada justices. In this letter, the Premier threatened to withhold funding for our courts if our provincial government was not granted more power in the appointment of judges to federal courts. This letter was not made public until the Chief Justices of the three levels of court in Alberta published a letter about the independence of the judiciary.

This behaviour by the Premier and the Government of Alberta is a direct attack on the rule of law. It undermines public understanding of, and respect for our legal systems. Every Albertan regardless of political leanings should be alarmed at the abuse of power against individuals, the consolidation of powers, the threats directed at our courts, , and the desire to control judges. The government has shown it wants to act without sanction and without accountability. This is how we lose our democracy, and this is how we lose our freedom.

About ACDC

ACDC was ratified this year and consists of the Criminal Defence Lawyers Association in Calgary, the Criminal Trial Lawyers’ Association in Edmonton, the Red Deer Criminal Defence Lawyers Association, and the Southern Alberta Defence Lawyers Association. For more than 50 years, these organizations have worked to strengthen the legal profession and uphold its responsibilities to the public. In more recent years, their mandates have included intervening before the Supreme Court of Canada, maintaining a daily presence in courthouses across the province, and engaging publicly on issues of lasting importance.