“Alberta Law Society Upholds Requirement for Attorneys to Take Indigenous History and Culture Course”

EDMONTON – The Law Society of Alberta voted three to one to require its members to continue taking a course on indigenous history and culture.

Nearly 3,500 attorneys voted on the motion, which would have nullified the Society’s right to require such courses.

After more than an hour of “spirited” online debate Monday morning, 2,609 lawyers voted against the motion while 864 supported it.

“It wasn’t a close vote,” said Edmonton attorney Dennis Buchanan, who took part in the vote and campaigned to stay the course needed, dubbed The Path.

“I’m glad the no votes won,” he said. “I would have been happy if there were fewer yes votes.”

The vote stemmed from a petition filed last week that was signed by 51 lawyers. They sought to suppress the Society’s right to require its members to take courses not directly related to legal practice.

Some signatories called the required course political indoctrination. One said the rule reminded him of his childhood in authoritarian China.

On Monday, the society’s bankers, who roughly correspond to its board of directors, thanked the members.

“We have always understood that there is a balance to be struck between establishing competency standards to protect the public interest and allowing attorneys to choose their own continuing professional development,” they said in a statement.

“We have not identified any other courses that we think should be mandatory. However, the flexibility afforded in rule 67.4 is essential to enable us to carefully consider whether certain educational courses are necessary to protect and further the public interest.”

The British Columbia Bar Association has a similar requirement, and Ontario society requires its members to complete mandatory courses on sexual harassment and abuse.

Roger Song, the Calgary attorney whose name appeared first on the petition, was not immediately available for comment. Neither was Glenn Blackett, an attorney with the Justice Center for Constitutional Liberties who endorsed the petition in print.

Buchanan said the webinar-like debate was lively but well-moderated.

“It was a lively debate,” he said. “With certain exceptions, the tone was polite and respectful.

“There were some people who made exaggerated comments – maybe on both sides.”

Buchanan suggested that higher turnout would not have affected the outcome. About a third of Alberta’s 11,000 practicing attorneys tuned in to the meeting.

“It was nice to see that there were a lot of people there,” he said.

“My guess is that the people who were in favor of the resolution were more likely to participate.”

In a statement, the Bar Association claimed the ability to require courses like The Path is an important part of a self-regulating profession.

“In light of this authority, the Bar Association must act in the public interest to regulate, which includes promoting and enforcing high standards of professional and ethical conduct by Alberta attorneys,” it said.

This report from The Canadian Press was first published on February 6, 2023.

Bob Weber, The Canadian Press

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