A mandatory Indigenous education program for Alberta lawyers will become voluntary in September under new provincial legislation that limits what professional regulators can require of their members. The change comes through Alberta’s Regulated Professions Neutrality Act (RPNA), which limits mandatory education requirements to areas directly related to professional competence and ethics. For the Law Society of Alberta, that means The Path: Your Journey Through Indigenous Canada will no longer be required for new lawyers or those transferring from other jurisdictions. The online course was introduced in response to the Truth and Reconciliation Commission’s Call to Action 27, which urged law societies to ensure lawyers receive cultural competency training. It covers topics including residential schools, treaties, Indigenous rights, Indigenous law and Crown-Indigenous relations. The Alberta government says the RPNA is designed to keep regulators focused on their core responsibilities while protecting freedom of expression and limiting mandatory training to matters directly related to professional competence and ethics. A spokesperson for Alberta Justice Minister Mickey Amery said the act “ends the ability for regulators to require mandatory education or training unrelated to professional competence or ethics” but doesn’t prevent lawyers from pursuing additional training. But still, the ministry said reconciliation remains a priority for the province. “The province continues to work with Indigenous communities to strengthen partnerships and improve outcomes,” press secretary Heather Jenkins wrote. The Law Society of Alberta says ending the mandatory requirement doesn’t mean Indigenous legal education will disappear. “Over 10,500 Alberta lawyers completed The Path over the past five years,” said Law Society President Bud Melnyk, KC. “As a result, the Law Society is confident that we have responded to this call to action in a meaningful way.” Melnyk said lawyers who want further education can continue accessing The Path and other Indigenous learning opportunities through organizations such as the Canadian Bar Association, while Canadian law schools continue to teach Indigenous legal issues. The legislation will also affect other Law Society initiatives. Its Equity, Diversity and Inclusion Committee will not be re-established for the 2026–27 committee year, while the Indigenous Mentorship Program and Indigenous Summer Student Program will conclude after their current cycles end this summer. Lawyers divided over impact Lawyers have mixed views on whether making the training voluntary will help or hurt the profession. Edmonton criminal defence lawyer Elvis Iginla said younger lawyers may be less affected by the change because Indigenous legal principles are now more commonly taught in Canadian law schools. Still, he said the training served an important professional purpose. “It wasn’t a course designed to teach history or culture. It was designed essentially to help lawyers appreciate some of the nuances and to make sure that those things are presented,” Iginla said. Iginla said the course helped him better understand the circumstances many Indigenous clients face within the criminal justice system. “It opened my eyes to a lot of things, and it’s allowed me to be a better advocate on behalf of my clients,” he said. He acknowledged the government’s goal of ensuring professional regulators stay focused on matters directly related to the practice of law, but said there is an ongoing debate over where that line should be drawn. Meanwhile, Calgary lawyer Glenn Blackett argues there should be no requirement for a law society to impose any sort of mandatory training. Blackett says The Path contains what he describes as “ideological content” related to post-colonialism, and argues the law society should focus on ensuring lawyers uphold their professional obligations rather than advancing broader social or political objectives. “The lawyer’s job is to be loyal to the law and the Constitution and be loyal to the clients,” Blackett said. “These types of courses shouldn’t really be part of the law society’s activities at all.” Blackett said he doesn’t think defining concepts such as competency, discrimination and reconciliation fall within the law society’s jurisdiction — whether that be through education or otherwise. “To judge the value of the programs, lawyers and citizens need to look past beguiling labels like ‘harassment’ to see and understand their ideological content,” he said. Critics say change weakens reconciliation efforts Critics argue making Indigenous education voluntary moves Alberta’s legal profession away from the TRC’s recommendations and risks leaving future lawyers without important context when serving Indigenous clients. Nicole Johnston, a First Nations advocate, said the change goes against the TRC’s call to action, which called on law societies to ensure lawyers receive appropriate education on treaties, Indigenous rights, residential schools, Indigenous law and Crown-Indigenous relations. “The neutrality act is basically moving the province away from the intent of truth and reconciliation and call to action 27,” Johnston said. She worries lawyers who choose not to take the training may lack a shared understanding of Indigenous legal issues and the experiences of First Nations people within Canada’s justice system. Johnston said mandatory education created a common foundation for lawyers, while making it optional leaves that decision up to individuals. Koren Lightning, who is a former Law Society of Alberta Indigenous initiatives liaison and a member of Samson Cree Nation, said she was also disappointed to see years of work rolled back. “It wasn’t about influencing anybody — it’s just about filling the gap of education that was removed from our history for so long,” Lightning said. “When we’re serving clients, we’re required to know our clients, understand our clients’ background, and be able to provide the utmost professional services,” she said. While disappointed by the change, Lightning said she still hopes lawyers will continue seeking out Indigenous education voluntarily. “I do hope people take the initiative on themselves and fill that gap in other ways.”
