Alberta Bill of Rights

Overview

The Alberta Bill of Rights applies to laws and actions of the provincial government.

• The Canadian Charter of Rights and Freedoms applies to laws and actions of the federal and provincial governments.
• The Alberta Human Rights Act applies to actions of the private sector.

You should speak to a lawyer if you have questions about the Alberta Bill of Rights or would like advice on actions available to you related to your rights.

Your rights

The Alberta Bill of Rights was developed as the first bill by Premier Peter Lougheed in 1972 to enshrine Albertans’ rights in legislation.

The original bill included the following rights:

• the right of the individual to liberty, security of the person and enjoyment of property, and the right not to be deprived of these except by due process of law
• the right to equality before the law and the protection of the law
• freedom of religion
• freedom of speech
• freedom of assembly and association
• freedom of the press

Every law in Alberta is to be interpreted and applied so as not to limit or interfere with the rights in the Alberta Bill of Rights.

Amendments

The Alberta Bill of Rights was amended in 2015 to add the following to the list of protected grounds:

• sexual orientation, gender identity or gender expression
• the right of parents to make informed decisions respecting the education of their children

Significant changes took effect when the Alberta Bill of Rights Amendment Act, 2024 received royal assent on December 5, 2024.

Key changes included:

• adding the right of the individual with capacity not to be subjected to, or coerced into receiving medical care, treatment or a procedure, without consent unless that individual is likely to cause substantial harm to themselves or to others
• adding the right of the individual with capacity not to be compelled or coerced into receiving a vaccine
• adding the right to acquire, keep and use firearms in accordance with the law
• adding the right to freedom of expression, which includes expressive activities beyond written and spoken language
• expanding property rights by requiring government to compensate individuals or businesses if it takes ownership of their property, or if a law deprives the individual or business of all reasonable uses of their property
• clarifying that any limitations on rights in any other laws that are inconsistent with the Alberta Bill of Rights cannot be enforced (unless the “Parliamentary supremacy clause” is invoked in legislation)
• expanding the act to apply to all government action, such as policies that are not formalized in a law or regulation, rather than just legislation
• allowing the court to issue remedies, such as awarding damages when the Alberta Bill of Rights has been breached
• confirming that fundamental freedoms retain their importance during an emergency
• updating requirements for the Minister of Justice to be notified when any legal action challenges a law under the Alberta Bill of Rights
• clarifying that government may set reasonable limits on rights, which must be demonstrably and proportionately justified
• providing that government can expressly declare that a law operates notwithstanding the Alberta Bill of Rights

Read the Alberta Bill of Rights Amendment Act, 2024 fact sheet for a complete list of amendments.

Several changes were informed by recommendations in the final report from the Public Health Emergencies Governance Review Panel. Many of the changes align the Alberta Bill of Rights with the approach to fundamental rights in the Canadian Charter of Rights and Freedoms.