Protecting Albertans’ rights

Overview

The Alberta Bill of Rights Amendment Act, 2024 (formerly Bill 24), amends the Alberta Bill of Rights to ensure rights and freedoms remain properly protected and reaffirm the values that make Alberta one of the freest places on earth.

The Act adds new rights for Albertans such as protections for personal autonomy, including the right not to be given medical care or treatment or a vaccine without consent; the right to acquire, keep and use firearms in accordance with the law - reinforcing our commitment to standing up for lawful firearms owners in Alberta, and affirming government’s intent that provincial laws should not interfere with the right to own legally acquired firearms; and strengthened property rights.

Additional amendments add more effective tools for protecting Albertans’ rights, like giving the courts more enforcement options when rights under the Alberta Bill of Rights have been breached, and expanding the Alberta Bill of Rights to apply to all government action, such as policies that are not formalized in a law or regulation.

These amendments represent the first significant updates to the Alberta Bill of Rights since it was introduced in 1972. Several changes were informed by recommendations in the final report from the Public Health Emergencies Governance Review Panel. Many of the changes align the Alberta Bill of Rights with the approach to fundamental rights in the Canadian Charter of Rights and Freedoms.

Key changes

The Alberta Bill of Rights Amendment Act, 2024:

• adds the right of the individual with capacity not to be subjected to, or coerced into receiving medical care, treatment or a procedure, without consent unless that individual is likely to cause substantial harm to themselves or to others 
• adds the right of the individual with capacity not to be compelled or coerced into receiving a vaccine
• adds the right to acquire, keep and use firearms in accordance with the law
• adds the right to freedom of expression, which includes expressive activities beyond written and spoken language 
• expands property rights by requiring government to compensate individuals or businesses if they take ownership of their property, or if a law deprives the individual or business of all reasonable uses of their property 
• clarifies that any limitations on rights in any other laws that are inconsistent with the Alberta Bill of Rights cannot be enforced (unless the “Parliamentary supremacy clause” is invoked in legislation) 
• expands the act to apply to all government action, such as policies that are not formalized in a law or regulation, rather than just legislation  
• allows the court to impose remedies, such as a stay or awarding damages when the Alberta Bill of Rights has been breached, except for awarding damages related to the passage of legislation  
• confirms that fundamental freedoms retain their importance during an emergency
• updates requirements for the Minister of Justice to be notified when any legal action challenges a law under the Alberta Bill of Rights
• clarifies that government may set reasonable limits on rights – those limits must be demonstrably and proportionately justified, based on evidence
• clarifies that government may create laws and regulations notwithstanding rights

Read the Alberta Bill of Rights Amendment Act, 2024 fact sheet for a complete list of amendments.

Next steps

The Alberta Bill of Rights Amendment Act, 2024, took effect when it received Royal Assent on December 5, 2024.

News

• Strengthening Albertans’ rights (October 28, 2024)

Related

• Public Health Emergencies Governance review panel
• Alberta Bill of Rights
• Canadian Charter of Rights and Freedoms