ADMINISTRATION OF JUSTICE AT RISK WITH PROPOSED CHANGES TO LEGAL PROFESSION ACT
The Indigenous Bar Association in Canada (IBA) is deeply concerned by the Alberta government’s proposed changes to the Legal Profession Act which would increase the Alberta Law Foundation’s (ALF) statutory contribution to Legal Aid Alberta (LAA) from 25% to 50% of the annual interest amount received by ALF from Alberta lawyers’ pooled trust accounts. While this move is framed as a measure to stabilize funding for Legal Aid Alberta, it instead represents an abdication by the Alberta government’s financial obligation to provide meaningful access to justice to its citizens, with severe consequences for vulnerable populations in Alberta.
ALF currently contributes to 65 community organizations across the province, including the following:
Native Counselling Services of Alberta
Indigenous Justice Centre Society of Alberta
Wahkohtowin Law and Governance Lodge
Tsuut’ina Nation Police Service
The Elizabeth Fry Society of Calgary
Indigenous Law Students Association
Yellowhead Tribal Community Corrections Society
Sweetgrass Youth Alliance - Ídānágúzhōt-ná The Ones who find their way
Canadian Institute for the Administration of Justice
In addition, ALF allocated nearly $39 million for Legal Aid Alberta in the 2024 fiscal year. These funds are derived from Albertans for Albertans and are not the property of the Alberta government. By mandating ALF to funnel 50% of its revenue to LAA, the government is redirecting community-generated resources meant for vital service providers and abandoning a critical part of its responsibility to ensure access to justice, in addition to its responsibility to adequately fund legal aid services.
Indigenous peoples, low-income individuals, and marginalized communities rely on a network of legal service providers tailored to their unique needs. These organizations, rooted in their communities, understand the systemic barriers that their clients face. The proposed changes will significantly disrupt this system, leaving individuals and families without the legal help they require to navigate the justice system. This is not just an administrative reorganization—it is a direct attack on the rights and well-being of those who are already underserved.
“We are deeply concerned that, by requiring the Alberta Law Foundation to increase its funding to Legal Aid Alberta, the Alberta government is creating a deeper disparity for other notable non-profit organizations that provide vital, culturally competent, and community-based legal services for Albertans” said IBA President, Drew Lafond. “This move shows a lack of insight into the responsibility of the Alberta government to consistently and reliably fund legal aid services and this move will disproportionately harm Indigenous peoples, women, low income families and others who are already overrepresented and underserved in the justice system.”
The proposed funding model risks creating disastrous outcomes, including:
Reduced Access to Justice: Vulnerable individuals will face increased barriers to obtaining legal representation and advice, particularly in rural and remote communities.
Erosion of Culturally Appropriate Services: Indigenous-led legal organizations will struggle to secure funding, undermining efforts to braid Indigenous legal traditions with the provincial and Canadian legal system.
Increased Strain on the Justice System: Without early intervention and preventative legal services, more cases will escalate to costly and time-consuming court proceedings.
Worsening Social Inequities: Disadvantaged populations, including Indigenous women, low income families and 2SLGBTQQIA+ individuals, will bear the brunt of these changes, further entrenching systemic inequities.
The IBA calls on the Alberta government to reconsider its approach to funding LAA. The government must fulfill its obligation to provide adequate and sustainable funding for legal aid services, rather than redirecting resources from community-driven initiatives such as ALF. We urge the province to recognize that access to justice is a fundamental right that cannot be achieved by jeopardizing the work of organizations that serve those most in need.
The IBA is a national non-profit organization representing Indigenous (First Nation, Métis, and Inuit) lawyers (practicing and non-practicing), judges, legal academics and scholars, articling clerks and law students, including graduate and post-graduate law students and paralegals in Canada. The IBA’s mandate includes, inter alia, advocating for the recognition of Indigenous laws, legal traditions, protocols and processes; promoting the reform of policies and laws affecting Indigenous peoples in Canada; and fostering public awareness within the legal community in respect of legal and social issues of concern to Indigenous peoples in Canada. For more information, please visit www.indigenousbar.ca.
