Bill amending the Alberta Bill of Rights introduced. New provisions:
Right for individual with capacity not to be subjected to or coerced into receiving medical care, treatment, or procedures without consent unless likely to cause substantial harm to themselves or others. /1
Right for individual with capacity not to be subjected to or coerced into receiving medical care, treatment, or procedures without consent unless likely to cause substantial harm to themselves or others. /1
Right to freedom of expression, broadening the scope of Albertans’ rights protected beyond written and spoken language to include other expressive activities.
Right to acquire, keep and use firearms in accordance with the law.
Expanded property rights. /2
Right to acquire, keep and use firearms in accordance with the law.
Expanded property rights. /2
Currently applies to laws but would now apply to all provincial gov action, including policies and programs, and to organizations that operate under extensive government control, such as municipalities, police services, and some activities of hospitals. /3
New statement would clarify that government may place reasonable limits on rights if it can demonstrate those limits are consistent with a “free and democratic Alberta”. /4
Preamble currently acknowledges principles "that honour & respect human rights & fundamental freedoms & the dignity & worth of the human person". Amendments would add "and the position of the family in a society of free people and free institutions." A nod to parental rights? /5
Preamble amendments would also add: "WHEREAS human rights and fundamental freedoms are of foundational importance to Albertan society, including during times of emergency." A nod to members of the gov's base who were opposed to covid measures? /6
The application of the Charter to pub institutions (eg unis, hospitals) is an open question. The Bill of Rights amendments use similar language. Applies to: "the Legislature and government of Alberta in respect of all matters within the authority of the Legislature of AB" /7
Bill currently grants right to "liberty, security of the person & enjoyment of property". Amendments spell out that property includes "right not to be deprived thereof except to the extent authorized by law and except by due process of law" & compensation for property takings /8
Bill currently protects freedom of speech. Amendments would read "freedom of speech and expression". Unclear what specifically the gov had in mind here, but freedom of expression arguments came up, for example, by those who were opposed to wearing masks. /9
"right of the individual with capacity not to be subjected to, or coerced into receiving, medical care, medical treatment or a medical procedure without the consent of that individual, unless that individual is likely to cause substantial harm to that individual or to others" /10
This leaves room for compelled treatment of those experiencing addiction under the gov's forthcoming compassionate care legislation and existing mental health legislation that was amended (in response to a court case that found Charter violations) from a couple of years ago. /11
Because the bill of rights doesn't offer further guidance, it is unclear whether a court would find that this forthcoming legislation or existing mental health laws are consistent with AB's bill of rights. /12
Right "not to be subjected to, or coerced into receiving, a vaccine" without consent. Unclear how courts will interpret coercion. Gov removed the power to compel vaccines from the Pub Health Act during covid. Would they find vax passports coercive? /13
Charter rights subject to limits "demonstrably justified in a free and democratic society". The rights in this bill subject to limits "demonstrably justified in a free and democratic AB." Will courts develop an Alberta-specific interpretation of rights or use Charter cases? /14
Those whose rights are violated can apply to court for remedy but not "a claim for damages in respect of an infringement or denial of rights and freedoms caused by the enactment of an Act, including this Act." Gov doesn't want to pay damages for rights violations. /15
Ultimately, the Charter right to security of the person already includes a right to be free from coercive medical treatment, so this is more about scoring political points than making real changes to individual legal rights. /16
It is unfortunate as we embark on cold/flu season that the gov would rather give anti-vaxxers a platform and speak about vaccines and coercion than to talk about vaccines being safe and effective and encourage people to get them. /fin
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