Lawyers protest use of notwithstanding clause, judge appointment at Alberta legislature

Lawyers took to the Alberta legislature on March 10, 2026, protesting the province's use of the notwithstanding clause among other issues. (Galen McDougall/CTV News Edmonton)

Dozens of lawyers took to the Alberta legislature Tuesday to protest the province’s recent uses of the notwithstanding clause and the premier’s desire to appoint judges.

“We’ve seen a steady decline in respect for democracy and the rule of law from the Alberta government,” said Criminal Trial Lawyers Association co-president Shawn King at the rally.

“We’ve watched them put into effect the notwithstanding clause against the LGBTQ+ community, we’ve watched the premier misstate cases, decisions from the Supreme Court of Canada; in the legislature, we’ve watched the premier say that she wants to have the ability to direct judges or to appoint judges.”

The province used the notwithstanding to send teachers back to work following a historic strike and three times to stop court challenges of transgender laws.

In January Premier Danielle Smith said her government will withhold funding for new judicial appointments if the federal government doesn’t give the province a say on future appointments to Alberta’s Court of King’s Bench, the Alberta Court of Appeal and the Supreme Court of Canada. The premier also said on her call-in radio show that she wishes she could “direct” judges.

• Canadian Bar Association speaks out against Smith’s judicial appointment demands

“These judges are supposed to be impartial. They’re supposed to be unbiased,” said King. “Albertans have put their faith in the justice system. We don’t need people specifically appointed by the government to be able to do that.”

King criticized legislation that limits the Law Society of Alberta’s (LSA) ability to discipline the justice minister.

“The minister has now legislated himself that he’s not beholden to the law society. He’s not sanctionable by them,” said King, adding that the LSA has kept mum about the legislation.

Justice Minister Mickey Amery said he appreciates the “wide perspectives” from the legal community.

“I continue to engage with various stakeholders within the legal community and elsewhere,” said Amery at the legislature. “As a lawyer myself, I understand some of their concerns, and I’m happy to meet with those groups and those individuals to continue to build on those relationships and to hear them out.”

Amery was a practising lawyer in Calgary before being elected in Calgary-Cross in 2019.

King also said there was an issue of deferring funds from the Alberta Law Foundation, which funds access to programs like Legal Aid.

With files from The Canadian Press and CTV News Edmonton’s Evan Kenny