Author: Shaun Fluker Page 2 of 36

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary).
Associate Professor.
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Disaster in the Making: UCP Government Grabs Control of the Alberta Law Foundation’s Funding Decisions

On April 28, 2025

By: Shaun Fluker, Jonnette Watson Hamilton, and Nigel Bankes

Bill Commented On: Bill 39 Financial Statutes Amendment Act 2025 (31^st Leg, 1^st Session, second reading)

PDF Version: Disaster in the Making: UCP Government Grabs Control of the Alberta Law Foundation’s Funding Decisions

Mixed together with an omnibus financial bill in the current session of the Legislature, the UCP government proposes to threaten the independence of the Alberta Law Foundation (Foundation), and in doing so, the independence of the legal profession. The bill also jeopardizes the core funding that the Foundation has historically provided to support not-for-profit organizations that help the Foundation deliver on its mandate, including poverty law clinics and those involved in public legal education. The Minister of Finance introduced Bill 39: Financial Statutes Amendment Act 2025 for first reading in the Legislature on March 10 and the Bill is currently in second reading. Section 7 of Bill 39 proposes to amend the Legal Profession Act, RSA 2000, c L-8 to change the rules governing how the Foundation allocates funding grants by inserting a large measure of political control, and to require the Foundation to increase its funding contribution to Legal Aid Alberta. Consistent with amendments imposed on Legal Aid Alberta by the UCP government in 2024, the UCP government seeks to give the Minister of Justice control over the funding of access to justice programs. In response to these proposed amendments, two of the three board members appointed to the Foundation by the Alberta UCP government have resigned.

Anticipatory Obedience and Essential Infrastructure at the Alberta-US Border

By Shaun Fluker

On March 10, 2025

In Critical Infrastructure Defence Act, Terrorism and Security

By: Shaun Fluker

Legislation commented on: Order in Council 008/2025 (January 29, 2025) amending the Critical Infrastructure Defence Regulation, Alta Reg 169/2021

PDF Version: Anticipatory Obedience and Essential Infrastructure at the Alberta-US Border

The authoritarian and isolationist Trump administration has profoundly altered global relations. Democratic institutions are under attack in the United States, and it seems that the grand post-WWII global project called liberal democracy finally ran out of steam on November 5, 2024. If a new world order is emerging, Canada is on the front line. This is an uncomfortable position for us, not only because our socio-economic systems are so deeply integrated with the United States, but also because the world is watching how America’s closest ally responds to the chaos. The stakes are exceedingly high. Here in Alberta, the UCP cabinet initially responded to the Trump administration with what Timothy Synder calls ‘anticipatory obedience’ in his must-read book On Tyranny. Show a bully what they can extract from you, and they will take it. Plenty has been written about the Premier’s visit to Mar-a-Lago and Alberta’s initial reluctance to align with ‘Team Canada’, my focus here is on something that has not garnered as much attention: the Lieutenant Governor in Council designating all land within two kilometres of the US border as ‘essential infrastructure’. It is truly shocking how quickly the UCP cabinet gave away Alberta’s portion of the world’s longest undefended border, and created a quasi-military area now referred to as the red zone.

UCP Grievance and Culture-War Politics Enter Schools

By Shaun Fluker

On November 28, 2024

In Law Reform, Youth and the Law

By: Shaun Fluker and JD Students in the Public Interest Law Clinic

Bill Commented On: Bill 27 Education Amendment Act, 2024, 1^st Sess, 31^st Leg, 2024 (passed second reading Nov 19)

PDF Version: UCP Grievance and Culture-War Politics Enter Schools

On October 31 the Minister of Education introduced Bill 27 into the Alberta Legislature with the following comments: “The bill will provide clarity, consistency, and transparency to education policies in schools across Alberta. Parents across the province want to be more involved and have a larger say in their child’s education, and we are happy to strengthen their involvement through these proposed amendments.” This is a very bland introduction for a Bill that, if passed, will amend the Education Act, SA 2012, c E-0.3, to accomplish three objectives: (1) restrict the ability of schools to implement public health emergency measures; (2) require Ministerial approval of curriculum materials on gender identity, sexual orientation, and human sexuality; and (3) restrict the liberty of youth to use gender affirming names or pronouns in school. Bill 27 also grants a lot more than just a ‘larger say’ to parents – the amendments to the Education Act in the Bill grant parental control over the application of public health emergency measures, the delivery of educational materials on gender identity, sexual orientation, and human sexuality, and the use of gender affirming names or pronouns in schools. Suffice it to say, this is not what governing in the public interest looks like.

UCP Grievance Politics Takes Aim at the Law Society of Alberta

By Shaun Fluker

On November 1, 2024

In Administrative Law

By: Shaun Fluker

Matter commented on: Review of Professional Regulators, October 23, 2024

PDF Version: UCP Grievance Politics Takes Aim at the Law Society of Alberta

On October 23, 2024, the UCP government announced it was spending public money to find a solution to a problem that does not exist: aka the Review of Professional Regulators. This exercise of grievance politics includes within its scope the Law Society of Alberta, and as a member of the law society, I received an email invitation to take the government’s survey. This post discloses my answers to the survey.

Alberta Threatens the Independence of its Legal Aid Program

By Shaun Fluker

On September 18, 2024

In Access to Justice

By: Shaun Fluker

Agreement comment on: Governance Agreement Respecting Legal Aid (September 6, 2024)

PDF Version: Alberta Threatens the Independence of its Legal Aid Program

In early September, the Alberta government announced it had signed a new five year (2024 – 2029) legal aid governance agreement with Legal Aid Alberta and the Law Society of Alberta. The government news release emphasized collaboration and a ‘shared understanding’ amongst the signatories on the importance of legal aid for access to justice. I read this narrative with suspicion because collaboration and ‘shared understanding’ are not words that I associate with the funding of public services by the UCP government. Moreover, only a couple of months have passed since the media reported that the Minister of Justice had unilaterally terminated negotiations on a new agreement in May; apparently seeking to impose a new funding structure for legal aid which critics allege would provide the Minister with significantly more control over the funding and operations of the legal aid program. This turn by the Minister from an authoritarian to a collaborative stance in just two months seems very unlikely to me, and my curiosity led to a closer look at the details in this new agreement. These details reveal that the Minister has not backed off plans to restructure legal aid, and the independence of legal aid in Alberta is under attack.