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Premier Danielle Smith says the Bill of Rights amendments build on Alberta's foundation of individual freedom and responsibility. Chris Schwarz/Government of Alberta
PROVINCIAL POLITICS

Alberta legislature fall sitting kicks off with rights bill, transgender policy

Oct 28, 2024 | 3:48 PM

Premier Danielle Smith’s government is kicking off its fall sitting with a focus on bills that the Opposition NDP says are aimed at catering to “fringe” elements of Smith’s United Conservative Party.

The government wants to broaden property rights, reaffirm the ability to acquire firearms and prohibit coercing Albertans into receiving a vaccine, among a series of other amendments to the province’s Bill of Rights.

The changes aim to make the legislation more robust and protect the freedoms of Albertans, according to the ruling United Conservatives.

“Our province was built on the principles of individual freedom and responsibility,” Smith said Monday.

“By making important changes to the Alberta Bill of Rights, we’re ensuring we continue building on that foundation so Albertans for generations to come can rest assured their rights and freedoms are respected.”

It’s the first major slew of changes to the Bill of Rights since 1972, first revealed by the premier in September.

It includes what officials said was an expansion of property rights.

Depriving an individual or entity of enjoying their property and any government acquisition of property would both need to be authorized by law under the amended rights bill.

The UCP also wants to cement medical autonomy for Albertans by adding the right for an individual not to be compelled or coerced into receiving a vaccine — but officials said that only applies to the public sector.

Dr. Paul Parks, former president of the Alberta Medical Association and current Medicine Hat emergency room physician, says Smith’s government is creating an issue out of something that’s already been settled by the legal system.

“No one was ever forced down and we have bodily autonomy already,” Parks told Pattison Media on Monday.

The Alberta government should be reinforcing how valuable vaccines are as a toolkit in public health that goes beyond protecting just one patient and creates herd immunity that defends an entire system, Parks said.

The legislature sitting begins Monday, days before UCP members are scheduled to gather in Red Deer to vote on Smith’s leadership.

Government house leader Joseph Schow said the sitting could see 13 government bills that aim to answer demands Smith has been hearing from Albertans at party town halls, local events and rodeos, and from chambers of commerce.

“I think these bills represent what we’re hearing from Albertans,” he said in an interview.

Smith has also said she plans to restrict access to gender-affirming health care for transgender youth, ban transgender participation in female sports, and require parental consent or notification for sex education and changes to pronouns and names for students in schools.

At a news conference Friday, Schow declined to say whether the government is preparing to invoke the notwithstanding clause, which is a rarely used provision that allows governments to override certain sections of the Charter of Human Rights and Freedoms.

Saskatchewan previously invoked the clause to enforce parental consent for students using preferred names pronouns in its schools.

Schow said it’s at the government’s disposal if necessary.

“We are going to move forward with this legislation. It’s that important,” he said.

Even though Naheed Nenshi leads the NDP, he does not hold a seat in the legislature.

He will need to watch the proceedings remotely or from the public gallery and lob criticisms from the building’s marbled hallways.

NDP house leader Christina Gray told reporters Friday the government’s priorities ignore pressing concerns about affordability, public safety and housing.

“The very first legislation will be a Bill of Rights Act that has not been asked for, and many have said might just be symbolic or might be problematic with our court system, as well as that attack on vulnerable children,” Gray said.

“We need to see a government that’s working for the province of Alberta — not just trying to win a leadership race.”

Instead of introducing omnibus legislation incorporating multiple ministries, Schow said there will be three pieces of legislation from Health, Education and his Ministry of Tourism and Sport.

Colin Aitchison, senior consultant at Enterprise Canada and a former UCP press secretary, said Smith has found a formula to cultivate support among a base that has been historically difficult to please.

“It’s a delicate line to walk. Go too far one way you risk alienating the public. You go too far the other way, you risk alienating that base in the party,” said Aitchison.

Alberta conservatives have been known to turf their leaders. In 2022, former UCP premier Jason Kenney stepped away from the job after getting just over 51 per cent support.

“At least early on, (Smith) is shifting towards appeasing that base, which will decide if she keeps her job or not in a week,” said Aitchison.

“There’s definitely legislation geared towards serving up red meat, for lack of a better term, to the base of the United Conservative Party.”

When asked how Schow expects members at the party’s annual general meeting to vote in Smith’s leadership review, he said she has his support.

“She’s going to crush it.”