Alberta Record

· Bill / Enforcement mechanism change · tabled

Bill 24 — Judicial Enforcement and Crown Representation in Rights Challenges

Amends the Alberta Bill of Rights to establish a judicial remedy for rights infringements, centralize Crown legal representation, and expand available remedies against the Crown.

Moderate impactCentralization of powerCourtsLegislatureThe public, directly

What changed

  • A new Section 3.1(1) allows individuals to apply to a court for remedies if their rights under the Act are infringed or denied.
  • Section 3.1(2) specifies that claims for damages are not permitted for infringements caused by the enactment of an Act.
  • Section 4 is amended to centralize Crown representation in Bill of Rights challenges, stipulating that only the Minister of Justice or their designate can appear on behalf of the Crown.
  • The Proceedings Against the Crown Act is amended (Section 10) to allow courts to grant injunctions or specific performance against the Crown for relief sought under the Alberta Bill of Rights, removing previous limitations.

Why it matters

  • The creation of a direct judicial remedy provides a formal avenue for citizens to seek redress for rights infringements, enhancing accountability.
  • The limitation on damages for legislative infringements could reduce the financial liability of the government for laws that are found to violate the Bill of Rights.
  • Centralizing Crown representation to the Minister of Justice in rights challenges could streamline the government's legal strategy but may also limit independent legal positions from other government entities.
  • Allowing injunctions and specific performance against the Crown for Bill of Rights matters significantly expands the power of courts to compel government action or inaction, increasing judicial oversight.

Other governance concerns

  • Access to justice
  • Judicial oversight
  • Government accountability
  • Separation of powers

Primary sources (1)