Alberta Record

· Bill / rights framework change · enacted

Alberta Bill of Rights Amendment Act, 2024

The Alberta Bill of Rights Amendment Act updates the Alberta Bill of Rights by adding new rights related to property, medical consent, and firearms, while clarifying enforcement mechanisms and retaining a “reasonable limits” and “notwith...

EntrenchedCivil libertiesCentralization of powerCourtsLegislatureThe public, directly

What changed

  • Adds protections related to personal autonomy and medical consent, including a right not to receive medical treatment without consent, subject to existing law.
  • Strengthens property rights language and introduces a stated right to own and use firearms within the law.
  • Provides mechanisms for individuals to seek court remedies when their rights under the Act are infringed.
  • Affirms that the Legislature can enact laws applying notwithstanding the Alberta Bill of Rights, and that rights are subject to reasonable limits in a free and democratic Alberta.

Why it matters

  • Reconfigures the province’s statutory rights landscape, potentially affecting litigation strategies and how courts review provincial laws.
  • Explicit property and firearms provisions could shift the balance in disputes involving land use, regulation, and public safety, although the precise legal effect remains debated.
  • The continued availability of a provincial notwithstanding clause raises questions about how often rights may be limited by ordinary legislation.
  • Some legal commentators argue that the changes are largely symbolic and may not offer substantial new protections beyond the Canadian Charter of Rights and Freedoms.

Rights affected

  • Due process — Fair procedure before rights are restricted by the state.
  • Bodily autonomy — Decisions about one's own body and medical care.

Other governance concerns

  • Clarified avenues for enforcing rights under provincial law, which may expand litigation over government actions.
  • Potential use of notwithstanding provisions to limit rights in future legislation.
  • Interactions between the Alberta Bill of Rights and the Charter, including where protections overlap or diverge.

Primary sources (3)

Secondary sources (2)