11 hours Ago By Special to National Post
On Oct. 28, alongside Alberta Premier Danielle Smith, I was proud to introduce amendments to the Alberta Bill of Rights that will strengthen rights protections for all Albertans. Originally introduced in 1972, the Alberta Bill of Rights is a statement of the fundamental principles that unite our province.
The proposed amendments would update the Alberta Bill of Rights to ensure it continues to reflect Alberta’s values and protects the rights that we hold dear. Among the proposed changes are three key expansions of rights. First, the protection afforded to property rights would be significantly increased, as neither the Alberta Bill of Rights nor the Canadian Charter of Rights and Freedoms currently requires governments to pay compensation for expropriating property.
Under our proposed changes, governments will be required to compensate property owners whenever property is taken, whether that occurs directly, through a transfer of ownership, or indirectly, through regulation. This will bring our legislation in line with bills of rights around the world that require compensation for the taking of property. Second, our amendments will expand protections for medical autonomy.
The Public Health Emergencies Governance Review Panel report on COVID-19 emergency measures concluded that new protections were needed in this area, and Alberta’s government heard repeatedly from concerned citizens about the importance of preserving individual choice when it comes to medical treatments, including during times of emergency. The Alberta Bill of Rights amendments would prevent individuals who are capable of making their own decisions from being compelled to receive medical treatment. This is subject to an exception where an individual is likely to cause substantial harm to themselves or others, such as where an individual suffers from significant mental health or addictions issues.
A separate right prevents individuals from being compelled to receive a vaccine. This right is not subject to an exception based on substantial harm, a decision that was informed by the experience of the COVID-19 pandemic and the government’s view that vaccination must always be a personal choice. Third, we are proposing to recognize the right to acquire, keep and use firearms in accordance with the law.
Responsible firearms ownership is a part of our heritage as Albertans. The right to own firearms, in accordance with the law, is also a part of our legal heritage: it was enshrined in the English Bill of Rights in 1689. At a time when responsible firearms owners are being unfairly targeted by the federal government, Alberta’s government is underscoring the importance of legal firearms ownership to Alberta society by including this right in the Alberta Bill of Rights.
In addition to these measures expanding the scope of rights protections, our amendments will make the Alberta Bill of Rights more robust and legally powerful. Our amendments clarify the paramountcy of the Alberta Bill of Rights over all other Alberta laws and expand the remedies a court can grant for a violation of protected rights. Following these amendments, a court will be able to declare laws to be of no force or effect and issue other remedies, which could include injunctions or damages for government conduct.
The proposed amendments also significantly raise the standard that government would have to meet to justify placing limits on Albertans’ rights. Courts have held that the Alberta Bill of Rights is currently subject to an “implied” limit, such that any law can override rights as long as it pursues a “valid legislative objective.” This is a very low standard for limiting rights — one that was originally developed in the context of the Canadian Bill of Rights, prior to the advent of the Charter.
The current “valid legislative objective” standard makes it far too easy for governments to limit rights. And if the Alberta Bill of Rights remains silent on the issue of limiting rights, this is the standard that the courts will likely continue to apply. That is why we are proposing to include a new limitation of rights clause, which will require that any limit on rights must be demonstrably justified in a free and democratic Alberta.
This clause will raise the bar for limiting rights, requiring government to show that a limitation of rights pursues a pressing and substantial objective, that the limitation is rationally connected to that objective, that it limits rights as little as reasonably possible and that the effects of the limitation are proportional to its objective. We will ensure that this clause clearly articulates that any limitation of rights must be proportional, and that government bears the burden of proof in providing evidence to justify the limit. The proposed changes to the Alberta Bill of Rights will significantly enhance rights protections for 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..
