Alberta proposes new rights, including to refuse medical treatment — with exemptions

EDMONTON — Alberta’s government proposed legislative changes Monday to the provincial Bill of Rights aimed at giving residents the right to refuse medical treatments, including vaccines, but is leaving the final word to the courts.

If passed, the new bill would protect Albertans from being “coerced” into receiving any kind of medical treatment, so long as an individual has the “capacity” to consent and is not likely to cause “substantial harm to themselves and others.”

However, the bill doesn’t specifically define those terms and Justice Minister Mickey Amery told reporters the government would rely on case law and the courts to decide how they’d be interpreted.

Before introducing the bill, Amery said the United Conservative government wants to make clear it won’t be able to force any Albertan to receive a treatment they do not want.

“We’re focusing a whole lot on vaccinations, but the intention is to cover a wide variety of potential medical procedures and treatments that government may impose on Albertans,” he said.

Premier Danielle Smith said the Bill of Rights amendments have also been worded so as not to conflict with the UCP’s plan to introduce legislation giving police and family the authority to force drug users into treatment.

Smith said she believes the courts would agree that a person who overdoses 186 times in a year “lacks capacity to make decisions.”

“If a person is able to assess their own their own ability to make (a) choice in whether to accept or reject a medical treatment, that’s what we’re intending to protect. Where a person lacks capacity and is causing harm to themselves or others, that’s where the compassionate intervention legislation will come in,” she said.

The right to refuse a vaccine does not come with an exception for cases where someone is likely to substantially harm themselves or others, said Chinenye Anokwuru, Amery’s press secretary.

The Alberta Bill of Rights, first introduced in 1972, only applies to the provincial government. It doesn’t bind the federal government, the private sector or individuals.

Also among the proposed amendments is a protection from any provincial law that interferes with an individual’s right to legally buy, keep and use firearms.

Smith said that clause is meant to send a message to Ottawa.

“I would argue that the federal government does have the right to govern the criminal use of firearms, but that we also have the right to protect the law-abiding firearms (owners),” she said.

If passed, the bill would also reinforce property rights, so if the government takes an individual or entity’s property, it would need to be authorized by law and provide fair compensation.

Smith noted that she has been advocating for expanded property rights for decades, and many of Monday’s proposed legislative changes were prompted by the government’s COVID-19 review panel, led by Reform Party founder Preston Manning.

The bill comes just days before Smith faces a party leadership review on the weekend.

UCP members have been pushing Smith for the recognition of rights that go well beyond the Constitution and the Charter, including around guns, “parental rights” and taxes.

Opposition NDP justice critic Irfan Sabir told reporters Monday the proposed amendments, for the most part, restate rights that already exist in Alberta.

“The purpose of all of this is not to protect Albertan’s rights, but to protect Danielle Smith’s premiership,” he said.

He said the bill fails to protect vulnerable young people, and that the UCP’s plan to restrict access to gender-affirming care in separate legislation would deny them the right to seek medical care through health professionals with the help of their parents.

NDP Leader Naheed Nenshi spoke to reporters before the bill was introduced, noting the amendments don’t protect women’s reproductive rights, nor the ability of Albertans to put renewable energy projects on their own property.

“Albertans deserve way more than the premier trying to get 50 per cent of 6,000 delegates in Red Deer this Saturday,” he said, referring to the leadership review.

Because Nenshi does not have a legislative seat, however, he watched proceedings from the public gallery on the first day of the fall sitting.

This report by The Canadian Press was first published Oct. 28, 2024.

Lisa Johnson, The Canadian Press