Alberta Record

· Bill / Rights framework change · tabled

Bill 24: Amending the Alberta Bill of Rights and Codifying Legislative Override

Amends the Alberta Bill of Rights to introduce a 'reasonable limits' clause for rights and explicitly codifies the Legislature's power to override rights using a 'notwithstanding' clause.

Moderate impactCivil libertiesLegislatureCourtsThe public, directly

What changed

  • A new subsection (2) is added to Section 1, stating that recognized rights and freedoms are subject to 'reasonable limits prescribed by law as can be demonstrably justified in a free and democratic Alberta'.
  • Section 2, the paramountcy clause, is amended to state that any law inconsistent with the Bill of Rights is, to the extent of the inconsistency, of no force or effect.
  • A new Section 2.1 is added, explicitly allowing the Legislature to declare in an Act that a law operates 'notwithstanding' the Alberta Bill of Rights.

Why it matters

  • The introduction of a 'reasonable limits' clause provides a framework for courts to balance individual rights against broader societal interests, similar to the Canadian Charter of Rights and Freedoms.
  • The explicit 'notwithstanding' clause grants the Legislature a clear mechanism to override certain rights and freedoms, potentially limiting judicial review of legislative actions.
  • The amended paramountcy clause means that, in the absence of a notwithstanding declaration, the Bill of Rights holds greater legal weight over other provincial laws.

Rights affected

  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Legislative supremacy
  • Judicial review
  • Scope of rights

Primary sources (1)

Secondary sources (1)