Status: Bill 24 was introduced on October 28, 2024
Ministry responsible: Justice
Overview
Bill 24, the Alberta Bill of Rights Amendment Act, 2024, would amend 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.
If passed, Bill 24 will add 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 would 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 would be the first significant updates to the Alberta Bill of Rights since it was introduced in 1972. Several proposed changes were informed by recommendations in the final report from the Public Health Emergencies Governance Review Panel. Many of the changes would align the Alberta Bill of Rights with the approach to fundamental rights in the Canadian Charter of Rights and Freedoms.
Key changes
If passed, the Alberta Bill of Rights Amendment Act, 2024, will:
- add 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
- add the right of the individual with capacity not to be compelled or coerced into receiving a vaccine
- add the right to acquire, keep and use firearms in accordance with the law
- add the right to freedom of expression, which includes expressive activities beyond written and spoken language
- expand 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
- clarify 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)
- expand the act to apply to all government action, such as policies that are not formalized in a law or regulation, rather than just legislation
- allow 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
- confirm that fundamental freedoms retain their importance during an emergency
- update requirements for the Minister of Justice to be notified when any legal action challenges a law under the Alberta Bill of Rights
- clarify that government may set reasonable limits on rights or create laws and regulations notwithstanding rights
Read the Alberta Bill of Rights Amendment Act, 2024 fact sheet for a complete list of proposed amendments.
Next steps
If passed, the Alberta Bill of Rights Amendment Act, 2024 will take effect upon Royal Assent.
News
- Strengthening Albertans’ rights (October 28, 2024)