The Justice Centre applauds various proposed amendments to the Alberta Bill of Rights in Bill 24, introduced in the Legislative Assembly of Alberta on October 28, 2024, especially those which:
- Recognize the important “position of the family in a society of free people and free institutions”
- Recognize that freedoms are important “including during times of emergency”
- Ensure that Courts will actually apply the Alberta Bill of Rights to the laws and actions of the Alberta government
- Clarify that the Alberta Bill of Rights shall apply to the Legislative Assembly of Alberta and to the Government of Alberta
- Recognize “the right of the individual with capacity not to be subjected to, or coerced into receiving, a vaccine without the consent of that individual”
- Increase protections for property rights
The Justice Centre is disappointed, however, that the proposed amendments subject the rights and freedoms of Alberta to “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic Alberta.” This language, because it mirrors section 1 of the Canadian Charter of Rights and Freedoms, affords the Government of Alberta and government entities in Alberta too much latitude to violate rights and freedoms, given the broad deference Courts have recently given government under that language to violate Charter rights and freedoms. In theory, this language could result in citizens’ rights and freedoms being protected from abuse by government, but in practice judges have interpreted these words to make it easy for governments to violate fundamental Charter freedoms.
The Justice Centre is concerned about proposed amendments that appear to offer weak protections against forced medical care and treatment outside of a context involving vaccines. If Bill 24 passes in its current form, Albertans could be coerced into receiving medical care, treatments, or procedures if it is believed that the “individual is likely to cause substantial harm to that individual or to others” by not receiving it.
Read John Carpay’s recent column on the Alberta Bill of Rights.
