This week’s proposed changes to Alberta’s Bill of Rights will have little to no impact on most St. Albert residents if passed, a legal scholar says.
Alberta Premier Danielle Smith and Alberta Justice Minister Mickey Amery unveiled proposed changes to the Alberta Bill of Rights Oct. 28.
Passed in 1972, the Bill of Rights outlines certain rights inherent to all Albertans that provincial law shall not infringe upon. It does not apply to federal law (that’s covered by the Charter of Rights and Freedoms, which also covers Alberta law) or private companies (covered by the Alberta Human Rights Act).
In an email, Morinville–St. Albert MLA Dale Nally said these proposed changes would safeguard Albertan’s rights to property, medical freedom, and lawful firearm ownership, and also reinforce Alberta’s commitment to freedom of expression.
“These updates empower Albertans with additional tools to challenge government decisions, whether under the Charter, the Alberta Bill of Rights, or both,” he said.
St. Albert MLA Marie Renaud was unavailable to comment on these changes by press deadline.
Vaccine refusal
The proposed changes add three new rights to the Bill of Rights.
If passed, the changes would make it a right for an individual “with capacity” to not be subjected to medical care without their consent “unless that individual is likely to cause substantial harm to that individual or to others.” Individuals with capacity would also have the right to refuse a vaccine unless they consent to getting it.
“No one should be pressured into accepting any medical treatment without their full consent, including a vaccine,” Smith said.
“The provincial government will not put in mandates that force someone to take a medical procedure they don’t want to take.”
Alberta Health Services rescinded its requirements for health care workers to be immunized against COVID-19 in July 2022.
This vaccine-refusal right, if approved, would likely clash with the Alberta Public Health Act’s requirement for health care workers to be vaccinated against rubella when dealing with patients that have the disease. Also known as three-day measles, rubella can have severe effects on an unborn child if a mother gets it while pregnant.
Amery said it was difficult to speculate how patients would be protected from exposure to unvaccinated health care workers if these changes passed.
Smith said someone who is addicted to drugs would likely not have the capacity to refuse medical treatment under this proposed law. This meshed with her government’s proposed Compassionate Intervention Act, which, if passed, would make it legal to force drug users into involuntary treatment.
In an interview, University of Alberta constitutional law professor Eric Adams noted Albertans already have the right to refuse medical treatment in almost all circumstances under the Charter’s right to life, liberty, and security of the person.
“A Bill of Rights is a symbolic gesture,” he noted, so the province was free to reiterate this right to show its importance.
Property rights
The proposed changes expand property rights, stating property shall not be taken unless authorized by law and with compensation. The changes also give Albertans the right to own and use firearms “in accordance with the law.”
Adams noted this proposed expansion to property rights was already covered by other laws, and it was already legal to own and use a gun so long as you follow gun laws. Nor would this law affect the ability of the federal government to pass any gun control laws it liked.
“I’m not sure what that particular result is achieving,” he said.
The proposed changes also widen freedom of speech rights to cover all forms of expression; expand coverage of the bill to all government policies and agencies (not just laws); and state that courts can apply remedies (such as injunctions, awarding damages, or declaring laws unenforceable) in the event of rights violations.
Adams said the changes proposed this week would have little to no impact on the average St. Albert resident if passed, and should be seen more as a statement of government principles. Future governments are also free to change the Bill of Rights.
“If the facts on the ground change, the Alberta Bill of Rights will probably have to change along with it.”
Visit www.alberta.ca/protecting-albertans-rights for details on the proposed changes.
