First principles with Bruce Pardy
It is a new day in America. Could it be in Alberta as well?
Premier Danielle Smith of Alberta has initiated the creation of an amended Alberta Bill of Rights through Bill 24. Here are the key points regarding the proposed amendments:
The Alberta Bill of Rights is a statute and not part of the constitution like the Canadian Charter of Rights and Freedoms. This means future Alberta legislatures can amend or repeal it, undermining the idea of "ironclad" rights.
The current draft includes a version of Section 1 from the Charter, the "Reasonable Limits Clause," which allows the government to infringe on rights deemed reasonable. This raises concerns about potential rights violations.
In my opinion, the Bill contains some flaws and is missing some opportunities. I have drafted what I believe the Bill should say. [Read Prof. Pardy’s proposed amendment to the Alberta Bill of Rights here].
Proposed Additions
The suggested amendments by Prof. Pardy include:
Right to Separation of Powers: Individuals should be protected from substantive rules made by the executive branch, ensuring that only the legislature can create laws and policies.
Amateur Governance: Introduce term limits for all state employees (four years total) to prevent the establishment of a permanent professional ruling class, fostering true public service.
Exclusion of the Charter:
The proposed Bill of Rights would apply notwithstanding the Canadian Charter. This approach aims to redefine rights that have been distorted by the Charter's interpretations, focusing on:
Equality Provision: Shift from the Charter's interpretation of equity to a model emphasizing equal treatment for all individuals, regardless of group characteristics.
Freedom of Speech: Strengthen protections for freedom of expression, including hate speech, which is currently subject to restrictions under the Charter.
A video overview of Prof. Pardy’s proposed amendment to the Alberta Bill of Rights is available here.
