The society is primarily concerned with the admission and discipline of lawyer members, making sure trust accounts are properly managed, educating the public, and preventing the unauthorized practice of law.
Bar admission exams in Alberta are more akin to assignments that test practical application of the law instead of pure legal knowledge.
[9] Rule 67.4, which was adopted by the Benchers in December 2020 allowed them to prescribe the form, manner, and time frame of CPD requirements.
[10][9] As of 2023, the LSA has only one mandatory continuing professional development (CPD) requirement—compared to other Canadian law societies which have much more—a one-time, four-hour, free online training course called ''The Path – Your Journey Through Indigenous Canada, developed by the Indigenous consulting firm NVision Insight Group, to respond the Truth and Reconciliation Commission's (TRC) Call to Action #27.
In October 2020, the LSA Benchers—24 law society board members elected by their peers—approved a motion to mandate the Indigenous cultural competency education training course The Path intended for all active lawyers in Alberta as part of their ongoing CPD.
Benchers said that the mandated education was also consistent with the LSA's "Strategic Plan goals of Lawyer Competence & Wellness and Equity, Diversity & Inclusion".
[10] Action #27 requests that "the Federation of Law Societies of Canada [...] ensure that lawyers receive appropriate cultural competency training, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous Peoples, Treaties and Aboriginal rights, Indigenous law, and Aboriginal-Crown relations."
[5] One of the goals of The Path training is to "demystify" some legal issues and their practical implications related to the Canadian Constitution, the Indian Act, treaties—both historical and modern—, the 1969 White Paper, major Supreme Court rulings on Aboriginal Title, the Duty to Consult, and Accommodate, as well as the United Nations Declaration on the Rights of Indigenous People.
"[14] The second module looks at indigenous people in North America in the period from pre-contact to the mid-nineteenth century and includes regional differences, scientific theories and traditional stories.
The module also clarifies the "nature and basis" for Inuit land claims and the establishment of Nunavut, Nunavik, Nunatsiavut and the Inuvialuit regions since the late 20th century.
It examines Canadian Indian residential school system, Inuit relocations, the Sixties Scoop, and the Oka Crisis.
[16] The vote was the result of petition signed by 51 of the 11,000 active lawyers in Alberta who requested the repeal of Rule 67.4, which allows the Bench—the LSA's governing board—to mandate continuing professional development training.
[18] Friedland said that the controversy may be a culture war—over the LSA's obligations in terms of public interest—with one group "pushing a special resolution to eradicate mandatory CPD requirements, which is limited to learning about Indigenous legal history and traditions"—as it was described on Twitter—[19]or a "vocal minority" who are using any means to spread their views.
Farrow said that while he understands their concerns, the mandated CPD requirement responds to a "larger social project" focusing on an area where we have been "woefully undereducated".
[15] Song and his colleague in a St. Albert law firm, Benjamin Ferland, raised concerns in their July 2022 letter to the LSA that the rule was an unacceptable form of "cultural, political or ideological education".
He is critical of The Path online course, which he described as a form of wokeness driven by mid-20th century postmodern or French ideology advocating moral and metaphysical relativism.
Blackett calls for Canada's legal system to return to 17th and 18th century Enlightenment principles which provide the animating spirit of liberalism.
According to Blackett, The Path—and "wokeness" in general—deny the "concrete and identifiable causes" for "disparities like higher criminal offence rates, malnutrition and substance abuse, and lack of economic opportunity" experienced by the indigenous community.
He compares this to the empowering knowledge where indigenous people and communities learn the "concrete and identifiable causes" for "disparities" so they can then take the "pragmatic steps" needed to "improve these things".
[20] Daniel Song—who is not related to Roger Song—said that the claim made by petitioners in their public statements that the cultural competency course is an "insipid offshoot" of "wokeness", are "embarrassingly irresponsible and inexcusably ignorant".