Alberta Lawyer Requests New Hearing in Challenge Against Law Society’s ‘Ideological Training’

An Alberta lawyer is asking the province’s top court for a new hearing in his constitutional challenge against the Law Society of Alberta’s mandatory professional development requirements, arguing the training is ideological.

Lawyers for Roger Song submitted a factum to the Alberta Court of Appeal on Oct. 2, appealing Court of King’s Bench Justice Sherry Kachur’s September 2025 decision dismissing his challenge against the Law Society of Alberta’s (LSA) “mandatory ideological training and professional requirements,” according to the Justice Centre for Constitutional Freedoms (JCCF), which is representing Song.

“His appeal challenges the dismissal of his constitutional case against the Law Society of Alberta’s mandatory ideological training and professional requirements,” the JCCF said in a statement.

The law society’s professional development documents state that lawyers can demonstrate their “competency” by recognizing how systemic inequalities and barriers affect people and by taking action to dismantle those barriers. The documents also encourage lawyers to develop an understanding of sexual orientation and gender identity and demonstrate “cultural competence.”

Song argues in the factum that Kachur made several errors in handling his case, including failing to consider his central arguments about the law society’s regulatory authority and lawyers’ independence, improperly excluding evidence, and inadequately addressing his Charter claims.

Song’s lawyers say his original case argued that the LSA had gone beyond regulating lawyers’ competence and ethical conduct by pursuing political or ideological objectives through its professional development requirements and Code of Conduct.

The factum says that Kachur erred by treating Song’s broader challenge to those objectives as non-justiciable—meaning unsuitable for determination by a court—and consequently declined to consider evidence he submitted to support that argument.

Song argues that courts have the authority and responsibility to determine whether a professional regulator has exceeded its statutory powers or acted contrary to constitutional principles. He says this includes examining whether LSA policies interfere with lawyers’ professional independence and their duties to clients and the Constitution.

His lawyers also say that the judge improperly excluded much of the evidentiary record. According to the JCCF, Song had submitted roughly 1,400 pages of affidavit evidence, an expert report, and extensive written arguments, much of which the lower court declined to consider.

Song says that the judge made several errors in assessing his Charter claims, including in her treatment of restrictions on lawyers’ speech, compelled speech, and freedom of conscience, and whether he could directly challenge allegedly unconstitutional provisions before facing disciplinary proceedings. He further argues that the court failed to address his religious-neutrality claim.

Song is asking the Court of Appeal to set aside Kachur’s order and send the case back for a new hearing before a different judge. He also seeks declarations affirming the court’s authority to review the challenged LSA conduct and to allow his affidavit evidence to be considered, along with costs for the lower-court proceeding and appeal.

A spokesperson for the LSA declined to comment since the matter is still before the court.

Song previously said the LSA’s actions violated his Charter rights, saying its move amounted to “compelled speech, forced ideological conformity, and suppression of conscience and expression.”

In February 2023, 50 Alberta lawyers forced a special meeting of the LSA over their objection to the new rule dictating the professional development courses a lawyer must take, on the threat of suspension for non-compliance. However, a majority of members who voted favoured the LSA retaining the power to prescribe professional development courses.

Kachur dismissed Song’s judicial review application on Sept. 12, 2025, finding, among other things, that the challenged continuing professional development rules fell within the LSA’s statutory authority.

In an Oct. 7 email to The Epoch Times, Glenn Blackett, Song’s JCCF lawyer, said: “Mr. Song is happy for the opportunity to fight for truth and justice, as commanded by his God, Jesus Christ. He is deeply concerned, however, that Canadians are witnessing the ideological corruption of the rule of law similar to what he experienced in Communist China — eerily similar.”

Blackett added that oral argument will begin on May 12, 2027, with a decision expected by about July.