The Honourable Mickey AmeryMinister of Justice Government of AlbertaCalgary.Cross@assembly.ab.ca Request for a Cross-Ministry Review of Alberta's Legislative Framework for Access to Justice in Modern Residential Redevelopment______________________________________________________________________________ Dear Minister Amery:While Alberta's leadership in housing supply is a clear economic strength, Edmonton's Blanket Zoning Bylaw 20001, reinforced by federal Housing Accelerator Fund incentives, has exposed a significant governance gap. Modern multi-unit infill now affects infrastructure, public safety, transportation, environmental management, social services, municipal finance, property rights and dispute resolution simultaneously, yet these impacts continue to be assessed largely through separate systems. Alberta's legal and administrative framework must evolve as rapidly as the redevelopment it is intended to govern.What began as a municipal planning issue has evolved into a governance and access-to-justice issue. As redevelopment intensifies, disputes between neighbouring property owners have become more complex and often extend beyond the authority of any single decision-maker. Citizens must navigate multiple agencies, tribunals and courts, with each responsible for only part of the problem. This fragmented system has not kept pace with modern redevelopment and warrants a review of whether the Alberta Bill of Rights, the Municipal Government Act and municipal land-use bylaws continue to work together to protect legal rights and provide effective access to justice.Despite years of public feedback, legal appeals, and community engagement, opportunities for meaningful public participation have narrowed as the scale and intensity of as-of-right redevelopment in Edmonton have increased. We respectfully request that your Ministry work with its relevant ministry partners to examine whether Alberta's legislative framework has kept pace with this fundamental shift and continues to provide meaningful protection of legal rights and effective access to justice for all those affected.Why this MattersThe nature of permitted development that applies to all Edmonton residential neighbourhoods has fundamentally changed, but the governance system has not. Alberta's appeal and planning framework was designed when a permitted development typically meant a single home on a lot. Today, permitted developments may include eight or more dwellings with cumulative impacts related to site functioning which extend well beyond individual building standards. Assessing these apartment-style developments on formerly single-family lots increasingly requires coordinated consideration of infrastructure, transportation, emergency access, environmental management and neighbouring property impacts. Yet the regulatory and dispute-resolution systems continue to assess these issues largely through separate processes and agencies. This governance gap increases costs, delays and disputes while shifting impacts onto broader provincial systems.As more municipalities across Alberta permit greater density on existing lots, complex disputes spanning multiple sectors and government responsibilities will become increasingly common. A coordinated provincial legal and administrative framework would provide greater clarity, improve access to timely dispute resolution, and protect individual and public interests for equitable outcomes. To view photos, click here. (Online only)Our Requests to the Province:We respectfully ask your Ministry, Premier Smith and Cabinet to take immediate action to: 1. Undertake a Legal and Policy Review - Work with Municipal Affairs to review whether Alberta's legislative framework keeps pace with modern residential redevelopment and continues to protect legal rights and access to justice respecting issues raised in this letter.2. Recommend Legislative Improvements - Where gaps are identified, recommend legislative or policy reforms and support a cross-ministry approach to improve coordination, clarify responsibilities and strengthen access to justice.One potential outcome may be consideration of a specialized early dispute-resolution process.This issue requires urgent attention. This governance and access-to-justice gap increases costs, delays and disputes while shifting impacts onto broader provincial systems. Repeated reliance on civil litigation, restrictive covenants and Court of Appeal proceedings suggests the current planning framework is not resolving conflict at the earliest, lowest-cost stage, which has impacts on the Justice system.This is a non-partisan issue affecting Albertans across the political spectrum, and it matters to all citizens in where they place their confidence.Thank you for your consideration.Respectfully submitted, Concerned Citizen of Edmonton ccThe Honourable Dan Williams, Minister of Municipal Affairs, The Honourable Grant Hunter, Minister of Environment and Protected Areas, The Honourable Martin Long, Minister of Infrastructure, The Honourable Nathan Neudorf, Minister of Assisted Living and Social Services, The Honourable Mike Ellis, Minister of Public Safety and Emergency Services, The Honourable Devin Dreeshan, Minister of Transportation and Economic Corridors AND The Honourable Danielle Smith, Premier of Alberta Information SHEET: Alberta JusticeProperty Rights, Access to Justice and Prevention of ConflictsEdmonton’s infill redevelopment framework is creating a growing class of disputes between the owner developing a property and neighbouring owners who bear the off-site impacts. These conflicts increasingly engage provincial interests in property rights, fair proces and tribunal efficiency and efficacy.Justice Mandate Intersection with Rapid Densification in Residential Infill• Strengthened property rights: The Justice mandate identifies the 2024 amendments to the Alberta Bill of Rights as a major achievement, including stronger property rights and more effective enforcement of rights.• Tribunal capacity and timely adjudication: The mandate directs Justice to increase support for Alberta’s courts and administrative tribunals so that matters are decided in a timely manner.• Protection of Rights: The governance framework related to property disputes warrant a review in the face of rapid redevelopment to balance enjoyment of individual property rights with managed growth.Property Rights Vulnerability· The 2024 amendments to the Alberta Bill of Rights place renewed emphasis on property rights. This highlights the importance of a legal framework that enables timely, affordable and fair resolution of property disputes.· Municipal powers come from the Province - While the courts deliberate on Alberta Bill of Rights, the Province has an interest in its planning laws protecting all property owners with fair and accessible dispute resolution.The Growing Issue of Asymmetrical Rights· Developers receive a clear approval process and the financial benefit of increased density. Neighbours receive limited or no notice, and unrealistic appeal period, and restricted appeal rights.· Under section 685(3) of the Municipal Government Act, neighbours must first prove the Development Authority varied, relaxed, or misinterpreted the bylaw before the Subdivision Development Appeal Board (SDAB) can hear the impacts. · As permitted development has evolved from a single dwelling to eight or more dwellings, the focus of appeals has remained largely on individual building metrics rather than whether the site functions safely and effectively as an integrated development. Yet appeals still focus largely on building metrics, more than on zoning regulations related to whether the site functions safely.· Disputes over drainage, excavation, privacy, tree loss, and construction impacts often span multiple regulators, leaving no single forum to resolve them quickly and fairly.· Development permits may be issued before ownership transfers. When problems arise during this period, it is not clear whether the registered owner or the developer is accountable for compliance, enforcement, or damages.Governance and Access to Justice Gap· SDAB is a municipal appellate tribunal and operates within a provincial statutory framework. Unclear and/or inadequate jurisdiction, uncertainty about ownership, inconsistent legal tests increase costs, cause delay and consume judicial resources.· The current appeal model is adversarial, expensive and technical. Where the issue is related to an impact conflict, on an existing property and/or property owner's rights, the Subdivision Development Appeal Board (SDAB) may be unable to offer a homeowner with a practical remedy.· Repeated recourse to restrictive covenants, civil claims and Court of Appeal proceedings is a warning that the public planning system is not resolving conflict at the lowest-cost and earliest stage.Why This is an Important Provincial InterestThe Province of Alberta has strengthened property rights and has a clear interest in ensuring municipal planning systems are accountable for their outcomes. By promoting greater certainty for homeowners, municipalities, and developers, the Province can help prevent conflicts before they arise, reduce unnecessary appeals and court proceedings, and avoid significant downstream costs associated with enforcement and public safety.