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 only applies to the provincial government, and doesn’t bind the federal government, the private sector or individuals.
Also among the amendments is a protection from any provincial law that interferes with an individual’s right to legally buy, keep and use firearms.
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 “just compensation.”
The proposed changes to the Bill of Rights come just days before Smith faces a party leadership review on the weekend.
This report by The Canadian Press was first published Oct. 28, 2024.
