The Alberta UCP government introduced amendments to the province’s Bill of Rights on Oct. 28, marking the start of the fall legislative session. The amendments aim to protect medical choices, including the right to decline vaccinations, while also enhancing gun ownership rights, property rights, and freedom of expression.
Even though Premier Danielle Smith had mentioned the amendments earlier, the detailed
proposal was revealed when the bill was presented this week. Concerning vaccine choice, it ensures that Albertans cannot be forced into medical treatment without consent, except in cases where it may lead to substantial harm to oneself or others.
The language in the amendments allows for involuntary addiction treatment, as previously suggested in the Compassionate Intervention Act by the UCP and currently under
exploration.
Justice Minister Mickey Amery noted that much of the interpretation, such as determining coercion or capacity to decide, will be left to the courts. He mentioned during an Oct. 28
press conference that the courts will rely on established precedent and existing case law.
If passed, the revised Alberta Bill of Rights will extend to provincially regulated workplaces, organizations with substantial government control like municipalities and police services, and entities with a high level of government oversight in specific activities such as public medical service providers, as stated in a
briefing document on the bill.
The act is limited to provincial government laws and actions and does not cover federal laws or private sector activities.
A summary of the bill explains that “The Canadian Charter of Rights and Freedoms protects Canadians from both laws and actions of the federal and provincial governments. The Alberta Human Rights Act applies to actions of the private sector.” This means that with the proposed amendments, the Alberta Bill of Rights would cover all provincial government actions, programs, and policies, regardless of specific legislative origins, according to Minister Amery.
Opposition NDP Leader Naheed Nenshi criticized the legislation as unnecessary and lacking in granting any new rights. He also raised concerns about other UCP bills that could restrict rights for parents, vulnerable children, and individuals in the transgender community.
Updates
Further changes to the act would reinforce citizens’ rights to own and use firearms legally, protect property rights, and broaden freedom of expression to include various forms of expressive activities beyond verbal and written communication.
The Alberta Bill of Rights has seen minimal updates since its inception in 1972 under Premier Peter Lougheed.
If the proposed amendments are passed, the preamble of the Alberta Bill of Rights will be revised to emphasize that fundamental freedoms remain crucial in times of emergency and acknowledge the importance of families in a society of free individuals and institutions, as outlined in the bill’s briefing document.
