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On October 28, alongside Alberta Premier Danielle Smith, I was proud to introduce amendments to the Alberta Bill of Rights that will strengthen protections for the rights of all Albertans.

Originally introduced in 1972, the Alberta Bill of Rights is a statement of the fundamental principles that unite our province. The proposed changes would update the Alberta Bill of Rights to ensure it continues to reflect Alberta’s values ​​and protect the rights we hold dear.

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Among the proposed changes are three key rights expansions. First, the protection afforded to property rights would be significantly increased, since neither the Alberta Bill of Rights nor the Canadian Charter of Rights and Freedoms currently require governments to pay compensation for expropriation of property.

Under the changes we are proposing, governments will be required to compensate landowners whenever property is seized, whether this happens directly, through a transfer of ownership, or indirectly, through a regulation. This will bring our legislation in line with bills of rights around the world that require compensation for confiscated property.

Second, our amendments will expand medical autonomy protections. The Public Health Emergencies Governance Review Panel report on COVID-19 emergency measures concluded that new protections are needed in this area, and the Alberta government has repeatedly heard from concerned citizens about the importance of preserving individual choice in medical treatments, including in times of crisis. emergency.

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Changes to the Alberta Bill of Rights would prevent people capable of making their own decisions from being forced to receive medical treatment. This is subject to an exception where a person is likely to cause significant harm to themselves or others, for example where a person suffers from significant mental health or substance abuse problems.

A separate right prevents individuals from being forced to get vaccinated. This right is not subject to an exception based on significant harm, a decision based on experience with the COVID-19 pandemic and the government’s view that vaccination should always be a personal choice.

Third, we propose recognizing the right to acquire, keep and use firearms in accordance with the law. Responsible gun ownership is part of our heritage as Albertans. The right to own firearms, in accordance with the law, is also part of our legal heritage: it was enshrined in the English Bill of Rights in 1689.

At a time when responsible gun owners are being unfairly targeted by the federal government, the Alberta government is highlighting the importance of legal gun ownership to Alberta society by including this right in the Declaration of Alberta rights.

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In addition to these measures expanding the scope of rights protection, our amendments will make the Alberta Bill of Rights stronger and more legally powerful. Our amendments clarify the predominance of the Alberta Bill of Rights over all other Alberta laws and expand the remedies a court can grant for violations of protected rights.

As a result of these changes, a court may declare the laws inoperative or of no force and effect and issue other remedies, which could include injunctions or damages for government conduct.

The proposed changes also significantly raise the standards the government would have to meet to justify imposing limits on Albertans’ rights. The courts have ruled that the Alberta Bill of Rights is currently subject to an “implied” limitation, such that any law can override rights as long as it pursues a “valid legislative objective.”

This is a very weak standard for limiting rights – one that was originally developed in the context of the Canadian Bill of Rights, before the advent of the Charter. The current “good legislative purpose” standard makes it far too easy for governments to limit rights. And while the Alberta Bill of Rights remains silent on the issue of limitation of rights, that is the standard that courts will likely continue to apply.

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This is why we are proposing to include a new limitation of rights clause, which will require that any limitation of rights be demonstrably justified in a free and democratic Alberta. This clause will raise the bar for limiting rights, requiring the government to demonstrate that a limitation of rights pursues a pressing and substantial objective, that the limitation is rationally related to that objective, that it limits rights as little as reasonably possible and that the effects of the limitations are proportional to its objective.

We will ensure that this clause clearly states that any limitation on rights must be proportionate and that the government bears the burden of proof in providing evidence to justify the limitation.

The proposed amendments to the Alberta Bill of Rights will significantly improve the protection of the rights of Albertans, reflecting the shared values ​​that have made our great province a beacon of freedom in Canada and around the world.

National Post

Mickey Amery is Minister of Justice and Attorney General of Alberta.

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