Alberta Bill of Rights Amendment Act, 2024*

Summary#

• This bill updates Alberta’s Bill of Rights. It adds new rights (like stronger property rights, medical consent, and a stated right to own and use firearms within the law). It also gives clearer ways for people to ask a court to stop government actions that break these rights.

• It keeps a “reasonable limits” rule, so rights can be limited by a law if a court finds the limit is justified in a free and democratic Alberta. The Legislature can also pass a law that says it applies “notwithstanding” the Bill of Rights.

• Key changes:

  • Adds a clear right to enjoy property and a right against a “taking” of property without just compensation (including when rules leave you with no reasonable use of your land).
  • States you cannot be subjected to or coerced into medical treatment without consent; it also separately states you cannot be subjected to or coerced into vaccination without consent.
  • Adds “freedom of expression” alongside freedom of speech.
  • Lets people go to court for remedies (like orders stopping government action) if their rights are violated, but not for money damages caused by the passage of a law.
  • Says any Alberta law that conflicts with the Bill of Rights has no force unless the Legislature clearly says it operates “notwithstanding” the Bill of Rights.

What it means for you#

• General public

  • Your rights are spelled out more clearly. Courts can strike down Alberta laws or actions that clearly conflict with these rights, unless the Legislature uses an override.
  • All rights can still be limited by a law if a court decides the limit is reasonable and justified in a free and democratic Alberta.
  • The preamble now says rights matter “including during times of emergency.”

• Patients and health care users

  • You cannot be forced or coerced into medical care or procedures without your consent, except if you are likely to cause substantial harm to yourself or others.
  • You cannot be forced or coerced into vaccination without your consent. Any limit on this would have to be justified in court or be expressly overridden by the Legislature.

• Landowners and businesses

  • Stronger protection of property: if the government takes ownership without consent, or leaves you with no reasonable use of your property, that is a “taking” and requires just compensation if authorized by law.
  • You can ask a court to review Alberta laws or decisions that affect your property and to order a remedy.

• Hunters and gun owners

  • The bill recognizes a right to acquire, keep, and use firearms “in accordance with the law.” This does not change existing gun rules; it signals that, within current laws, the province recognizes this right.

• Local governments and provincial agencies

  • Policies and bylaws that severely limit property use may face more legal challenges and could require compensation if they amount to a “taking.”
  • Public health orders and other rules that limit rights will need clear legal authority and strong justification.
  • Before a court can strike down a law for conflicting with this Act, the Minister of Justice must get 14 days’ notice and may participate in the case.

Expenses#

No publicly available information.

Proponents' View#

• Strengthens core freedoms by adding freedom of expression and making rights enforceable with real court remedies.
• Protects landowners from “regulatory takings” by requiring compensation when rules leave a property with no reasonable use.
• Defends informed consent in health care, including a clear protection against forced vaccination.
• Clarifies that rights still allow reasonable limits, aligning with how courts assess rights today.
• Keeps democratic control: the Legislature can still pass an override if truly necessary and transparent.

Opponents' View#

• Could make emergency responses (like public health measures) harder to implement quickly and could trigger more court challenges.
• The separate vaccine consent clause may limit tools to control outbreaks in high-risk settings and adds legal uncertainty.
• Expanding property rights to cover “takings” may increase litigation and government costs, especially for land-use, environmental, and planning rules.
• The firearms clause may confuse the public, since federal gun laws still apply and are not changed by this bill.
• The override power lets the government pass laws that ignore these rights, which critics say weakens their practical protection.