November 7, 2024
Alberta’s government is proposing changes to its provincial Bill of Rights. The proposed changes engage four main areas: medical care and vaccines, property, firearms, and speech.
In this blog post, we provide some comments on what the proposed changes to medical care and vaccines mean for Alberta employers and employees (spoiler alert: it likely will not impact most workplaces).
What is the Alberta Bill of Rights?
The Alberta Bill of Rights, first enacted in 1972, recognizes and declares the rights and freedoms of Albertans. The act currently protects the following rights:
- the right to liberty, security of the person, and enjoyment of property;
- the right to equality;
- freedom of religion;
- freedom of speech;
- freedom of assembly and association;
- freedom of the press; and
- the right of parents to make informed decisions respecting the education of their children.
The Bill of Rights currently says that every provincial law in Alberta should be understood and used in a way that does not take away or harm these rights.
The Canadian Charter of Rights and Freedoms (often simply called the “Charter”) is also a bill of rights that protects a similar set of rights and freedoms, as well as additional protections, for all Canadians. The Charter is embedded in Canada’s Constitution and says that the law and actions of all governments in Canada should not take away or harm Charter-protected rights (subject to reasonable limits).
What are the proposed changes?
If Bill 24 is passed, proposed changes would give Albertans with decision-making capacity the right not to be subjected to, or coerced, into receiving:
- medical care, medical treatment, or a medical procedure without consent unless a person is likely to cause substantial harm to themselves or others; or
- a vaccine.
In other words, anyone who can make their own decisions can decline medical care but not if that person is likely to cause substantial harm to themselves or others.
Vaccination is different. If the proposed changes are passed into law, any person with capacity could decline to be vaccinated (regardless of the risk of harm).
Other proposed changes to the Bill of Rights relate to the right to freedom of expression (broadening the scope to include written, spoken, and expressive activities), the right to acquire, keep, and use firearms legally, and some expanded property rights.
Even with these changes, the Bill of Rights would continue to apply only to provincial public employers and bodies, and those under government control, such as municipalities or police services. The Bill of Rights, and its protections, will not apply to private sector employers.
The Bill of Rights and Vaccination Mandates
In Alberta, commonly administered or available vaccines (including childhood vaccines) are not mandatory or legally required. The COVID-19 pandemic brought mandatory vaccinations to the forefront, with many governments, companies, and employers asking for proof of COVID-19 vaccination prior to participating in a service or activity or as a condition of employment. As the relative risk of COVID-19 has gone down, many of these mandatory vaccination requirements have been lifted or removed.
In terms of childhood vaccines, Bill 24 will not impact a parent’s ability to decide whether to vaccinate their child. Even though vaccinations against serious diseases are encouraged as a matter of public safety, there is no legal requirement to vaccinate minor children, and parents maintain the authority to consent or refuse vaccinations for their children.
Another amendment in Bill 24 proposes expanding the scope of the Bill of Rights beyond just provincial law to include provincial policies and programs as well, subject to reasonable limits. Like section 1 of the Charter, the protections in the Bill of Rights, including the vaccine protections, will be subject to such reasonable limits as can be justified in a free and democratic province.
Notably, many court and tribunal decisions during the COVID-19 pandemic upheld mandatory vaccination requirements as being justified and reasonable government policies during the peak of the COVID-19 virus. Currently, longstanding regulations under Alberta’s Public Health Act require all daycare staff and anyone working directly with patients in health facilities to be immunized against rubella. These proposed changes could spark legal challenges to these requirements.
What does the Bill of Rights mean for your workplace?
- It does not apply to most workplaces. Proposed changes to the Alberta Bill of Rights will only apply to employees who work for a provincial employer or agency. The new Bill of Rights will apply only to provincial government action, including policies and programs, and specific activities by organizations where there is a high degree of government control, such as municipalities and police services. It will not apply to private sector employers.
- It is unclear what will be considered “coercion”. The Bill of Rights does not define what it means to be “coerced” into receiving medical care or a vaccine. For example, it is unclear where a workplace vaccination mandate will amount to “coercion” or whether it may be justified and reasonable in a free and democratic province. These questions ultimately may need to be answered by the courts, if or when a provincial law, policy, or program is challenged.
- If you are a private sector employee, the Bill of Rights likely does not impact you. The new Bill of Rights will not give you any additional rights to challenge any workplace policies beyond those rights you already have. You continue to have similar rights to equality and freedom from discrimination as protected by the Alberta Human Rights Act, your employment contract, your collective agreement (if you are part of a union), and any other policies implemented by your employer.
- If you are a private sector employer, the Bill of Rights likely does not impact you. You do not need to rush to update your policies or avoid implementing new policies that might engage the new Bill of Rights. While we are likely to see some ripple effects from the new Bill of Rights, private sector employers cannot be exposed to legal challenges under the new Bill of Rights even if your policies engage these protections.
If you would like more information about how these proposed changes to the Alberta Bill of Rights may impact your workplace, or if you would like to discuss workplace issues generally, please contact a member of the Carbert Waite Employment & Labour Law Group.
Author
Anita Nowinka
Associate
T: 403.705.3662
E: [email protected]