Alberta Premier Danielle Smith says the UCP government plans to change the province’s Bill of Rights to add the right to decide whether to receive a vaccination or other medical procedure to the Alberta Bill of Rights.JASON FRANSON/The Canadian Press
Alberta Premier Danielle Smith, less than six weeks away from a leadership review, laid out plans to amend the province’s Bill of Rights to reinforce the right to decide whether to receive a vaccination or other medical procedure and to strengthen liberties around property and gun ownership.
Ms. Smith, in a video posted to her social media on Tuesday, said her United Conservative government will introduce legislation with the proposed amendments in a “few weeks.” She did not drill down on the specifics of the changes but said they will ensure Alberta is a “beacon of freedom.”
“It is my firm conviction that no Albertan should ever be subjected or pressured into accepting a medical treatment without their full consent,” said Ms. Smith, who won leadership of the UCP by rallying against COVID-19 restrictions implemented to protect public health, including vaccine passports and gathering limits.
“These amendments to the 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 faces a leadership vote in November from a conservative movement that has a history of turning on its own people. Her predecessor, Jason Kenney, resigned in May, 2022, after receiving just 51-per-cent support in a party vote. Past premiers Ralph Klein, Ed Stelmach and Alison Redford faced similar demises as a result of internal pressures.
Lori Williams, a political science professor at Mount Royal University in Calgary, said Ms. Smith is “clearly concerned” with her standing among UCP members and that the proposed legislation is an attempt to tamp down pressure from the vocal and well-organized far-right fringe of her party.
“This is a really strong initiative to try to ensure that she not only survives the review, but does very well,” said Prof. Williams. But appeasing this faction may alienate UCP members with more moderate views, she said. “Polling indicates that will be problematic for her in the long term.”
The Premier’s plan to update the Bill of Rights comes as no shock to Alberta political watchers, especially as it relates to vaccinations.
The Globe and Mail revealed last December that Ms. Smith’s government directed the provincial health authority to pare back its immunization campaign for COVID-19 and influenza despite the rise of respiratory illnesses. She has also commissioned two reviews into the COVID-19 response, both of which were led by people who expressed skepticism of COVID-19 vaccines and pandemic restrictions.
In former Reform Party leader Preston Manning’s report, it recommended that the provincial Bill of Rights be expanded to include protection on the basis of “opinion, disability and medical status or history.”
Lorian Hardcastle, an assistant professor in the Faculty of Law and Cumming School of Medicine at the University of Calgary, said people already have a right to make medical choices without coercion. She’s worried, however, that the amendments might have more far-reaching impact.
For example, Prof. Hardcastle said, they could prevent employers of long-term care facilities from requiring employees to get vaccinated against the flu or impede the College of Physicians and Surgeons from disciplining a doctor who speaks out against vaccines. She said the government could effectively be tying its own hands, and the hands of others, to address another public-health outbreak.
“Having a premier that would rather pander to anti-vaxxers than strongly encourage vaccination and embrace the fact that vaccines are demonstrably safe and effective, I think that’s potentially another strike against health care workers coming to this province,” she said. “It’s seen as a place that doesn’t embrace the science, that doesn’t embrace evidence.”
Ms. Smith said the amendments will also enshrine Albertans’ right to legally acquire, keep and “safely use” firearms. She said law-abiding gun owners have been unfairly targeted by the federal government – a response to Ottawa’s ban and buyback program aimed at restricting “assault-style” weapons.
Additionally, the updated Bill of Rights would ensure that “no Albertan can be deprived of their property without due process of law and just compensation,” said the Premier.
Prof. Williams noted that the federal government has jurisdiction over firearms and that property protections are restricted under criminal law, meaning the province could face legal challenges.
New Democratic Party Leader Naheed Nenshi, in a statement, noted that the provincial Bill of Rights cannot override the fundamental human rights protected by the Canadian Charter of Rights and Freedoms. He said Ms. Smith is pandering to her base rather than focusing on the priorities of Albertans, such as the affordability crisis and a crumbling health system.
“The Premier’s constant playing to her base isn’t just irritating, it has real consequences,” said Mr. Nenshi. “For example, she’s focused on people who refuse to get a vaccine. She is not focused on parents who want the best care for their kids or for those struggling with mental health and addiction who continue to lack access to critical services.”