Alberta Premier Danielle Smith speaks in Edmonton on Wednesday April 10, 2024. Canada's economic productivity crisis can only be solved if the federal and provincial governments come together to address issues like major project approvals and inter-provincial trade barriers, Alberta's premier said Wednesday. THE CANADIAN PRESS/Jason Franson.JASON FRANSON/The Canadian Press
Alberta Premier Danielle Smith says she will leave it to the courts to define and interpret some of the government’s amendments to the provincial Bill of Rights around medical, property and gun liberties.
The fall session of the Alberta legislature kicked off on Monday with the introduction of the Alberta Bill of Rights Amendment Act, which would reinforce the right for people to decide whether to receive a vaccination or other medical procedures, fortify the right to acquire and own firearms and expand property rights.
Its introduction comes just days before Ms. Smith faces a leadership vote at the United Conservative Party’s annual meeting.
“Our province is founded and grounded on individual freedom and personal responsibility. These amendments to the Alberta Bill of Rights are not just legal changes, they are a reaffirmation of the values that make Alberta one of the freest jurisdictions on Earth,” Ms. Smith said during a news conference, which took place prior to the bill’s introduction.
If passed, the updated Bill of Rights would reinforce the right for people not to be “subjected to or coerced” into receiving a vaccine or any other medical treatment so long as they have the “capacity” to consent and are not likely to “cause substantial harm to that individual or to others.” The legislation does not define these terms, nor does it specify how they would be enforced.
Justice Minister Mickey Amery, who joined Ms. Smith at the news conference, said the government will rely on existing case law and the courts to give meaning to those terms.
“This is not a concept that is difficult to grasp when somebody is subjected or pressured into accepting a medical treatment beyond that individual’s will. That is coercion and we are going to make sure that that doesn’t happen to Albertans,” Mr. Amery said.
He said the amendments will still allow for the government to introduce planned legislation on involuntary drug treatment and pointed to Alberta’s existing Mental Health Act that already allows for involuntary detainment in extreme cases.
Ms. Smith used the example of someone overdosing “186 times a year” and going in and out of the hospital.
“I think the courts will agree that that person lacks capacity to make decisions,” she said.
Irfan Sabir, the New Democratic Party critic for justice, said the proposed amendments are less about protecting Albertans and more about whipping up support among Ms. Smith’s base. Mr. Sabir, also a lawyer, said the changes were not carefully considered and will likely result in court challenges.
The UCP government is also expected to introduce legislation this session that restricts access to gender-affirming health care for transgender youth, prohibits transgender participation in women’s sports and requires parental consent for changes to student names and pronouns in schools.
The NDP has lambasted the government for focusing on the fringe interests of its supporters. “There are some serious, serious rights that are threatened by this UCP government that we know from research may even cost lives of those vulnerable youth,” Mr. Sabir said. “And [yet] they want us to believe that somehow this Bill of Rights protects anyone’s rights.”
Ms. Smith said updating the Bill of Rights to enshrine medical choice is following through on recommendations made by former Reform Party leader Preston Manning, who chaired a COVID-19 panel review. That review also concluded that Alberta should consider “alternative scientific narratives” when responding to future public-health emergencies.
The amended Bill of Rights would also shield individuals from being deprived of their property unless it is authorized by law and where just compensation is provided. It would also affirm the province’s intent to not interfere with the right to own legally acquired firearms.
Ms. Smith, who has taken issue with Ottawa’s ban and buyback program for assault-style weapons, said these amendments are her way of pushing back against the federal government “unfairly targeting” gun owners. She said the federal government, which has jurisdiction over firearms, should stay in its lane and avoid regulations that infringe on property and civil rights.
“I guess we’ll see how the court determines that,” she said.
Both Ms. Smith and Mr. Avery declined to speculate on how the updated Bill of Rights would apply to specific scenarios. Mr. Amery said they will find a balance between the needs and rights of an individual and the policies that are imposed by government as they arise.
With a report from The Canadian Press