“The extent to which a bill of rights is amended, or altered or expanded in a way to cover ever more rights that are not covered in the charter, you will then expand the range of issues that that bill of rights will now cover.”
Forthcoming and future amendments to the Alberta Bill of Rights will have more than a symbolic impact on certain rights and freedoms, says a constitutional scholar from the University of Alberta (U of A).
While the Alberta Bill of Rights has in most respects been eclipsed by the Canadian Charter of Rights and Freedoms, U of A law professor Eric Adams says it can still play a legal role relative to rights and freedoms not specifically articulated in the charter, including property rights.
“The Alberta Bill of Rights is real and it can have legal impact,” Adams said, adding the number of rights affected may grow with any subsequent changes to the bill of rights.
“The extent to which a bill of rights is amended, or altered or expanded in a way to cover ever more rights that are not covered in the charter, you will then expand the range of issues that that bill of rights will now cover.”
Bill of Rights remains a legal factor
A 2009 ruling showed how the Alberta Bill of Rights can have an impact on rights or freedoms that are not explicitly set out in the charter.
Wittmann ruled those sections of the act would be rendered legally inoperative, meaning they effectively do not apply.
The Alberta Bill of Rights has no such clause, but Justice Barbara Romaine wrote that the rights and freedoms it describes are real but not absolute.
“A limit to the rights provided by the Alberta Bill of Rights (ABR) must be implied, and that, as with the charter, the breach of any ABR right is subject to a limitation based on a valid legislative objective.”
At least three changes to Alberta Bill of Rights this fall: Smith
Unlike the charter brought in a decade later, the Alberta Bill of Rights is not a constitutional document, applies only to provincially-enacted legislation, and be overridden or amended by the legislature.
The three amendments Smith announced over the summer are:
- The right to decide over vaccination and all medical decisions;
- The right not to be deprived of property without legal due process and just compensation;
- The right of individuals to legally acquire, keep, and safely use firearms.
The premier’s office has declined to say what other, if any, amendments are coming.
It also incorporates language from the U.S. Declaration of Independence in positing the right to life, liberty, property and the pursuit of happiness.