Public Policy & Advocacy

Updated December 11, 2024

In August and September 2024, Nanos Research on behalf of CBA Alberta conducted public opinion research to better understand Albertans' opinions about our justice system. The results demonstrated that Albertans think the justice system is "inefficient" and "unjust", and that their major concerns relate to access to justice and the need to minimize delays. 

CBA Alberta takes action

In October, the CBA Alberta Executive Committee met with the Hon. Mickey Amery, Minister of Justice, to review the research in detail and highlight how it connects to CBA Alberta priorities and the government's objectives. We also wrote to the Minister of Finance in preparation for Budget 2025, and the research was shared with the opposition justice critic and other ministers whose portfolios may have an interest in the results. It has also been circulated to other justice sector stakeholders, including the Courts.

To request a copy of the full report, please contact Maureen Armitage, Executive Director.

Read the research summary

Updated December 11, 2024

As part of the larger review of professional regulatory bodies announced by the Premier in October 2024, the Deputy Minister of Justice advised that in-person consultations would be held on the regulation of the legal profession, and that members of the profession and certain stakeholders would be invited to participate in consultation via survey. 

CBA Alberta takes action

Members were encouraged to respond individually to the survey on regulation of the legal profession, and our Voice of the Profession Committee coordinated the draft of CBA Alberta's response to a questionnaire sent to stakeholder organizations. 

CBA Alberta 2024-25 President Robert Bassett and Vice-President Christopher Samuel attended the November 18, 2024 in-person consultation in Edmonton and provided preliminary perspectives on the issues raised, based on the deliberations of the Voice of the Profession Committee and the Board of Directors. 

The key points made by CBA Alberta on the regulation of the legal profession were:

Freedom of expression

Freedom of expression is reasonably subject to limitations within the Law Society of Alberta Code of Conduct as related to conduct that may reflect negatively on the profession or harm public trust.

Mandatory training

There is no mandatory training for Alberta lawyers that is not related to professional competence or ethical conduct. In particular, CBA Alberta views the requirement for lawyers to complete "The Path," on the subject of Indigenous cultural competency training, as a matter of basic legal competency.

For the most part, lawyers in Alberta are exceptionally given the ability to choose their own education and development.

Changes to regulatory policy

CBA Alberta believes that the Law Society of Alberta appropriately limits its oversight functions to areas of "professional competence and ethics" and that no statutory changes are necessary to achieve the government's stated intention. 

Further, although it was prepared in a different context, CBA Alberta noted the report of the Alberta Public Health Emergencies Governance Review Panel found that strengthening the rights and freedoms of professionals "is best achieved, not through heavy handed intervention by the provincial government in the affairs of the colleges, but by initiatives taken by the colleges themselves, facilitated by some modest amendments," to the relevant legislative regimes. 

Vexatious, third party, and bad faith complaints

Complaints against a lawyer should not be restricted only to clients or opposing lawyers. There may be instances where a third-party becomes aware of a lawyer's misconduct but is not otherwise directly involved with the lawyer. For example, if a bank employee in another jurisdiction becomes aware of a lawyer's financial misconduct, they should be able to report that to the Law Society of Alberta. 

Rather than restrict third parties' ability to file complaints, CBA Alberta suggests empowering the Law Society of Alberta with tools that would allow it to better manage frivolous or vexatious complaints. 

Finally, CBA Alberta recommended that any proposed changes arising from the review of professional regulatory bodies should be provided to stakeholders in draft format prior to implementation. This would allow stakeholders to provide suggestions for improvement. 

Read the full submission

Updated December 11, 2024

Per the terms of the new Legal Aid Alberta Governance Agreement, the Ministry of Justice committed to a consultation period involving key justice system partners. This process is gathering input from LAA, the Law Society of Alberta, CBA Alberta, and other partners in the justice system to inform future decisions about service delivery.

CBA Alberta takes action

CBA Alberta participated in the government's fall consultation on legal aid, under the guidance of the Agenda for Justice Committee's legal aid working group, chaired by past president David Hiebert, K.C.

We identified some areas for improvement, particularly in terms of access to justice for those outside of major centres. We also reiterated our past stance that sustainable funding is critical for the delivery of effective legal aid, and further, shared our public opinion research which confirms that Albertans agree that legal aid is fundamental to a well-functioning justice system. 

Read the legal aid submission

Updated December 18, 2024

The Ministry of Justice expressed interest in the views of CBA Alberta members about their experiences in representing clients in human rights complaints before the Commission. 

CBA Alberta takes action

A ThoughtExchange was launched to gather that input from our members and the feedback will form the basis of a CBA Alberta submission to the government and the Alberta Human Rights Commission, as appropriate. 

The ThoughtExchange survey is now closed, and results will be shared with members once available.

Updated December 11, 2024

On December 3, the government passed three bills that would limit transgender rights in sports, health care, and classrooms. 

CBA Alberta takes action

Based on input from the Equity, Diversity & Inclusion Committee, and the Sexual & Gender Diversity Alliance Section (SAGDA), CBA Alberta wrote to the Minister of Justice to raise several legal issues posed by this legislation. 

The arguments included:

• Transgender people have existing rights and should be protected, and transgender youth are extremely vulnerable.
• The legislation poses more harm, not less, for transgender youth.
• A clear role for parents in protecting vulnerable transgender youth has already been defined. 
• Changes to the law must be constitutional, and the government can in fact be held liable for damages arising from unconstitutional laws. 
• The legislation poses significant challenges for medical professionals and educators. 
• There is room for greater empathy and genuine support within policy.

Read our submission on Bills 26, 27 & 29

Updated December 11, 2024

This summer, CBA Alberta's Auto Insurance Working Group prepared a submission to the government addressing issues of affordability in automobile insurance and debunking some of the misinformation regarding the benefits of no-fault insurance. 

On November 21, 2024, the government announced it will be moving to a private no-fault insurance scheme. 

CBA Alberta takes action

The Auto Insurance Working Group is reviewing the announcement on private no-fault insurance and discussing strategies for CBA Alberta's response.

CBA Submissions

Updated submission on Auto Insurance Reform (August 30, 2024)

Submission to the Alberta Automobile Insurance Advisory Committee (March 11, 2020)

Read more

Open and shut: The case against no-fault insurance in Alberta (Law Matters, October 17, 2024)

Alberta auto insurance: Making the case for consumer protection (Law Matters, January 22, 2024)

Updated December 11, 2024

Bill 33, the Protection of Privacy Act and Bill 34, the Access to Information Act,  were passed in early December. The Bills repeal the Freedom of Information and Protection of Privacy Act and introduce changes to access to information rules and privacy protections in Alberta. 

CBA Alberta takes action

The Executive Committee is working with the Privacy & Access Law Section to review this legislation and consider feedback to the government. The Legislation & Law Reform Committee also reviewed the bill over the course of its work reviewing all bills introduced to the Legislature. 

Read the Protection of Privacy Act

Read the Access to Information Act

Updated December 11, 2024

The goal of the Civil Forfeiture Act has been to deter criminal activity by reducing financial incentives to crime, removing property used to carry out crime, and supporting community crime prevention initiatives through grant funding from forfeitures. The government is interested in "making civil forfeiture more effective, while continuing to ensure due process for property owners."

CBA Alberta takes action

The government invited members of the Insolvency, Foreclosure, and Debtor & Creditor Sections to participate in a consultation session exploring potential changes to the civil forfeiture process. We anticipate that the government may seek broader input from stakeholders shortly, and encourage all members to provide feedback at that time.

Updated December 21, 2024

The government is gathering feedback from Albertans on medical assistance in dying (also referred to as MAiD) processes and regulation. They are contemplating potential changes such as:

• the creation of a new public agency and legislation to provide oversight
• the creation of a MAiD decision dispute mechanism for families and eligible others
• a framework for appropriate sharing of confidential medical information related to MAiD determinations
• limitations on criteria for MAiD eligibility and on MAiD as an option for patients

CBA Alberta takes action

CBA Alberta members were encouraged to complete the Government of Alberta survey on MAiD, which closed on December 20.

Updated December 21, 2024

Improving the family justice system in Alberta is a long-standing pillar of CBA Alberta's Agenda for Justice.

CBA Alberta takes action

CBA Alberta regularly raises family law matters in its meetings with the Minister of Justice and the Courts. Our advocacy was instrumental in the government's decision to hold family justice strategy roundtables this fall to hear from practitioners about the challenges related to family law matters. 

The late 2024, the provincial government was gathering feedback from Albertans on how the family justice system is working and to evaluate the Family Justice Strategy, currently operating in Calgary and Edmonton, and extending to Red Deer in early 2025.

CBA Alberta members were encouraged to complete the Government of Alberta survey on the Family Justice Strategy, which closed on December 20.

August 2, 2023 - Submission on the concluding observations of the UN Convention on the Rights of the Child

March 13, 2020 - Submission on Trustee Act reform