Will Alberta fulfill its new gun rights promises?
Alberta Premier Danielle Smith recently revealed a plan to revise the Alberta Bill of Rights, with the aim of strengthening the right to gun ownership as one of the key objectives.
There has been ongoing conflict between Alberta and Ottawa regarding gun regulations, and Smith has indicated her willingness to take the federal government to court if they challenge the move to protect gun rights.
According to Calgary-based lawyer Leighton Gray, both Alberta and the federal government claim authority over gun ownership based on different grounds. The province argues that firearms are personal property and fall under property rights, which are within its exclusive jurisdiction. On the other hand, the federal government asserts responsibility for criminal law and has taken action on gun control to address concerns about guns being used in criminal activities.
Smith emphasized the need for the federal government to focus on addressing criminal activities related to firearms, such as gun smuggling and firearm-related crimes, rather than targeting law-abiding citizens for gun ownership. She expressed her readiness to challenge any federal opposition in court, particularly concerning the proposed amendment on gun rights.
Smith highlighted the need for updates to the Alberta Bill of Rights in response to current circumstances, particularly in light of the federal government’s efforts to implement gun control measures to address violent crime. She pointed out that the province had already passed the Alberta Firearms Act last year, which aimed to prevent local authorities from participating in federal firearms confiscation programs.
Regarding the upcoming amendments to the bill of rights, Smith is leveraging Alberta’s jurisdiction over property rights, a different strategy from past symbolic gestures of opposition to federal policies.
Opposition’s Perspective
In response to Smith’s proposed amendments, Alberta Opposition Leader Naheed Nenshi suggests that the changes are more about appealing to her political base than legally protecting Albertans’ rights. He emphasized that Canadians’ fundamental human rights are safeguarded by the Charter of Rights and Freedoms, which supersedes any provincial legislation.
Previous instances of Alberta opposing federal policies have been seen as symbolic gestures, including the province’s invocation of the Sovereignty Act against federal Clean Electricity Regulations. Federal Environment Minister Steven Guilbeault acknowledged the act as a symbolic demonstration of opposition and indicated that Ottawa would not take legal action against Alberta.
Smith reiterated that her amendments to the Bill of Rights are intended to make the federal government think twice before imposing measures on guns and vaccines that could be challenged by Alberta.
Healthcare Decisions
Gray noted that provinces have exclusive jurisdiction over health matters, leading to varying lockdown orders during the pandemic. The jurisdictional lines between federal and provincial authority over healthcare blurred during the pandemic, such as in the case of federal employees being subject to mandatory vaccination policies regardless of their province.
If implemented, Gray suggested that Smith’s amendments could render any future vaccine mandates imposed by the government illegal when applied to Albertans.
