The Alberta government marked the return of MLAs to the legislature Monday by introducing promised legislation that overhauls the Alberta Bill of Rights by adding three new rights and updating provisions around free speech and property rights.
Bill 24 — the Alberta Bill of Rights Amendment Act, 2024 — was tabled on the assembly’s floor Monday afternoon and spells out new rights to be added to the existing Bill of Rights and changes to its preamble and application.
The three new rights proposed to be added to the Bill of Rights are:
- the right for an individual with capacity not to be subjected to or coerced into receiving medical care, medical treatment or a medical procedure without consent unless that individual is likely to cause substantial harm to themselves or others
- the right for an individual with capacity not to be compelled or coerced into receiving a vaccine
- the right to acquire, keep, and use firearms in accordance with the law
“They are a reaffirmation of the values that make Alberta one of the freest jurisdictions on Earth,” she said.
“They are about protecting our rights and our freedoms and ensuring our province continues to be home to freedom, democracy, and a way of life that we will continue to cherish for generations.”
Freedom of expression
The proposed changes expand free speech rights to include the more broadly interpreted freedom of expression, mirroring the language found in the more legally prominent Canadian Charter of Rights and Freedoms.
They also expand on property rights already in the Bill of Rights by changing the language slightly to require any confiscation of property to be “authorized by law” and adding a provision that the government would need to provide “just compensation,” with that term and others to be determined by the courts.
Mandatory vaccination was once part of the province’s Public Health Act, though that power was removed by Jason Kenney’s government in 2021.
Firearms are governed by federal authorities, though Smith insisted the proposed clause represented an important pushback against Ottawa but couldn’t identify a case where someone had run afoul of provincial, but not federal, gun rules.
It also sets out freedom of religion, speech, assembly/association, and of the press. Unlike the Charter, the Bill of Rights is not a constitutional document and can be overridden or changed by the legislature.
Preamble, scope, and limitations
The proposed legislation also plans to make three updates to its preamble, which helps explain how it will be enacted. Those changes will add references to the rule of law and “the position of the family in a society of free people and free institutions” as well as confirm that fundamental freedoms retain their importance during times of emergency.
The proposed legislation would also broaden the scope of the Bill of Rights to cover not just provincial laws but also regulations and municipal bylaws. It would also introduce a “reasonable limits” clause, similar to Section 1 of the Charter, which the province says will refer to a “free and democratic Alberta.”
‘Who asked for this?’
The return to the assembly marks the continuation of the session that ended in May, meaning there was no throne speech setting out the government’s agenda on Monday.
Nenshi watched proceedings from the public gallery Monday, with NDP house leader Christina Gray acting as Official Opposition leader in the assembly until he wins a seat.
He said he’s in no immediate hurry to do that, noting Smith and former premier Kenney both won their party’s leadership without having a seat.
“If you really are that desperate to have me in the legislature, fire one of your underperforming ministers,” he said.
He added Monday’s bill was more about Smith trying to win her upcoming leadership confidence vote from party members on Saturday than anything Albertans have wanted.
“The brain trust in Danielle Smith’s office thinks that will help her on Saturday,” he said ahead of the bill’s introduction.
“Who asked for this?”