Alberta Bill of Rights

ALBERTA BILL OF RIGHTS Chapter A‑14 Table of Contents 0.1 Definitions 0.2 Application 1 Recognition and declaration of rights and freedoms 2 Paramountcy 2.1 Parliamentary supremacy 3 Saving 3.1 Enforcement of rights and freedoms 4 Notice to Minister of Justice 5 Transitional Preamble WHEREAS the free and democratic society existing in Alberta is founded on principles that acknowledge the supremacy of God and the rule of law and on principles, fostered by tradition, that honour and respect human rights and fundamental freedoms, the dignity and worth of the human person and the position of the family in a society of free people and free institutions; WHEREAS human rights and fundamental freedoms are of foundational importance to Albertan society, including during times of emergency; WHEREAS the Parliament of Canada, being desirous of enshrining certain principles and the human rights and fundamental freedoms derived from them, enacted the Canadian Bill of Rights in order to ensure the protection of those rights and freedoms in Canada in matters coming within its legislative authority; and WHEREAS the Legislature of Alberta, affirming those principles and recognizing the need to ensure the protection of those rights and freedoms in Alberta in matters coming within its legislative authority, desires to enact an Alberta Bill of Rights; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definitions 0.1 In this Act, (a) “law of Alberta” means an Act enacted before or after the commencement of this Act, any order, rule or regulation made thereunder, and any law in force in Alberta at the commencement of this Act that is subject to be repealed, abolished or altered by the Legislature; (b) “taking of property” means, in respect of real or personal property, (i) a transfer of ownership of the property without the consent of the owner, or (ii) an owner of property being deprived of all reasonable uses of that property. RSA 2000 cA‑14 s3;2024 c12 s3 Application 0.2 This Act applies to the Legislature and government of Alberta in respect of all matters within the authority of the Legislature of Alberta. RSA 2000 cA‑14 s3;2024 c12 s3 Recognition and declaration of rights and freedoms 1 (1) It is hereby recognized and declared that in Alberta there exist without discrimination by reason of race, national origin, colour, religion, sexual orientation, sex, gender identity or gender expression, the following human rights and fundamental freedoms, namely: (a) the right of the individual to liberty and security of the person, and the right not to be deprived thereof except by due process of law; (a.1) the right to the enjoyment of property and the right not to be deprived thereof except to the extent authorized by law and except by due process of law; (a.2) the right not to be subject to a taking of property except to the extent authorized by law and where just compensation is provided; (b) the right of the individual to equality before the law and the protection of the law; (c) freedom of religion; (d) freedom of speech and expression; (e) freedom of assembly and association; (f) freedom of the press; (g) the right of parents to make informed decisions respecting the education of their children; (h) the right of the individual with capacity not to be subjected to, or coerced into receiving, medical care, medical treatment or a medical procedure without the consent of that individual, unless that individual is likely to cause substantial harm to that individual or to others; (i) notwithstanding clause (h), the right of the individual with capacity not to be subjected to, or coerced into receiving, a vaccine without the consent of that individual; (j) the right to acquire, keep and use firearms in accordance with the law. (2) The rights and freedoms recognized and declared by this Act are subject only to such reasonable limits prescribed by law as can be demonstrably and proportionately justified, based on evidence, in a free and democratic Alberta. (3) For greater certainty, a reasonable limit on the rights and freedoms recognized and declared by this Act that is prescribed by law and demonstrably and proportionately justified under subsection (2) is not an infringement or denial of those rights and freedoms. RSA 2000 cA‑14 s1;2015 c1 s1;2024 c12 s4 Paramountcy 2 Any law of Alberta that is inconsistent with the provisions of this Act is, to the extent of the inconsistency, of no force or effect. RSA 2000 cA-14 s2;2024 c12 s5 Parliamentary supremacy 2.1 The Legislature may expressly declare in an Act that a law of Alberta operates notwithstanding this Act. 2024 c12 s5 Saving 3 (1) Nothing in this Act shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated herein that may have existed in Alberta at the commencement of this Act. (2), (3) Repealed 2024 c12 s6. RSA 2000 cA‑14 s3;2024 c12 s6 Enforcement of rights and freedoms 3.1 (1) Anyone whose rights or freedoms, as recognized and declared by this Act, have been infringed or denied may apply to a court of competent jurisdiction to obtain, subject to subsection (2), such remedy as the court considers appropriate and just in the circumstances. (2) An application under subsection (1) may not include a claim for damages in respect of an infringement or denial of rights and freedoms caused by the enactment of an Act, including this Act. 2024 c12 s7 Notice to Minister of Justice 4 (1) If in a proceeding a question arises as to whether any law of Alberta is inconsistent with a provision of this Act, the law shall not be held to be invalid unless 14 days’ written notice has been given to the Minister of Justice. (2) The notice shall include what law of Alberta or part of a law of Alberta is in question and give reasonable particulars of the proposed argument. (3) The Minister of Justice is entitled as of right to be heard, either in person or by counsel, notwithstanding that the Crown is not a party to the proceeding. (4) No person other than the Minister of Justice or counsel designated by the Minister of Justice shall, on behalf of His Majesty in right of Alberta or on behalf of an agent of His Majesty in right of Alberta, appear and participate in any proceeding in respect of a question referred to in subsection (1). (5) If the Minister of Justice or counsel designated by the Minister of Justice appears in a proceeding in respect of a question referred to in subsection (1), the Minister of Justice is deemed to be a party to the proceeding for the purpose of an appeal from an adjudication in respect of that question and has the same rights with respect to an appeal as any other party to the proceeding. RSA 2000 cA-14 s4;2013 c10 s34;2022 c21 s4;2024 c12 s8 Transitional 5 (1) This Act, as it reads immediately after the coming into force of this section, does not apply to an abrogation, abridgment or infringement of any of the rights or freedoms recognized and declared in this Act as it read immediately before the coming into force of this section that occurred before the coming into force of this section. (2) This Act, as it reads immediately after the coming into force of this section, applies only to an infringement or denial of any of the rights or freedoms recognized and declared in this Act that occurs after the coming into force of this section. (3) Notwithstanding subsection (2), this Act, as it reads immediately after the coming into force of this section, does not apply to an infringement or denial of the rights referred to in section 1(1)(a.1) and (a.2) that (a) occurred before the coming into force of this section, (b) continues to occur after the coming into force of this section, and (c) is the subject of any action, matter or proceeding before a court that was commenced against the Crown before the coming into force of this section. 2024 c12 s8