Bill 1 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 1 the Alberta Bill of Rights (Legislature 17, Session 1)

L17 S1 4982

Alberta — Bills

1972 Bill 1 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 1 The Alberta Bill of Rights THE PREMIER First Reading Second Reading ............................. . Third Reading .............................. . Printed by I.J. S. Wall, Queen's Printer, Edmonton

BILL 1 1972 THE ALBERTA BILL OF RIGHTS ( Assented to ,1972)

WHEREAS the free and democratic society existing in Alberta is founded upon principles, fostered by tradition, that honour and respect human rights and fundamental freedoms and the dignity and worth of the human person; AND

WHEREAS the Parliament of Canada, being de sirous of enshrining certain principles and the human rights and fundamental freedoms derived from them, en acted the Canadian Bill of Rights in order to ensure the protection of those rights and freedoms in Canada in matters coming within its legislative autho~ity; AND

WHEREAS the Legislature of Alberta, affdrm ing those principles and recognizing the need to ensure the protection of those rights and freedoms in Alberta in mat ters coming within its legislative authodty, desires to enact The Alberta Bill of Rights. THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. It is hereby recognized and declar1ed that in Alberta there exist, without discrimination by reason of race, national origin, colour, religion or sex, the following hu man rights and fundamental freedoms, namely: (

a) the right of the individual to liberty, security of the person and enjoyment of property, and the right not to be dep~ived thereof except by due process of law; (

b) the right of the individual to equality before the law and the protection of the law; (

c) freedom of religion; (

d) freedom of speech; (

e) freedom of assembly and association; and (

f) freedom of the press.

Explanatory Notes General. This Bill will provide for an Al!bel'lta Bill of Rights. The Canadian Bill of Rights enacted by the Parliament of Canada in 1960 provides for the protection of certain human rights and fundamental freedoms but its effectiveness is limited by the fact that it operates only within the fields of the federal Parliament's constitutiona,l authority.

The Alberta Bill of Rights is intended to provide for the protection of those same human rights and fundamental freedoms so that, in Alberta, those rights and free doms will have protection in hoth provincial and federal fields of legislative jurisdiction. The result will be to have those rights and freedoms protected in Alberta under a single legislative shield consisting of the Canadian Bill of Rights and The Alberta Bill of Rights.

The effect of the Bill will be to have the Legislature, out of its respect for those rights and freedoms, limit its powers to enact laws that could operate, or could be 'applied to operate, so as to abrogate, abridge or infringe those rights and freedoms. It is primarily aimed, therefore, at protecting the citizen from power of the state. I. Recognition and declaration of human rights and funda mental freedoms.

2. Every law of Alberta shall, unless it is expressly de" clared by

an Act of the Legislature that it operates not" withstanding The Alberta Bill of Rights, be so construed and applied as not to abrogate, abr:idge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and de" clared. 3.

(1) Nothing in this Act shall be construed to abro" gate or abridge any human right or fundamental freedom not enumerated herein that may have existed in Alberta at the commencement of this Act.

(2) In this Act "law of Alberta" means (

a) any Act of the Legislature of Alberta enacted be fore, on or after the commencement of this Act, and (

b) any order, rule or regulation made or approved by ,the Lieutenant Governor lin Council or by a Minis ter of the Crown before, on or after the commence" ment of this Act.

(3) The provisions of this Act shall be construed as extending only to matters coming within the legislative authority of the Legislature of Alberta. 4.

(1) Where in any action or other proeeeding a ques tion arises as to whether any law of Alberta abrogates, abridges or infringes, or authorizes the abrogation, abridg ment or infringement, of any of the rights and freedoms herein recognized and declared, no adjudication on that question is valid unless notice has been given to the At torney General.

(2) Where the Attorney General has notice under sub srection (1), he may, in person or by counsel, appear and participate in that action or proceeding on such terms and conditions as the .court, person or body conducting the pro ceeding may consider just. 5. This Act comes into force on a date to be fixed by Proclamation. 2

2. Construction and application of laws of Alberta. The effect of this

section is that if a law of Alberta cannot be sensibly con strued and applied by the courts so that it does not aibrogate, abridge or infringe one of Ithe rights and freedoms recognized and declared! by the Bill, the courts may hold that such law is inoperative unless it is expressly declared by

an Act of the Le gislature of Alberta that it shall operate notwithstanding The Alberta Bill of Rights. This is (the

interpretation placed on the equivalent

section in the Canadian Bin of Rights by the Supreme Court of Canada in the celebrated case of The Queen v Drybones. This

section will thus serve as an effective instrument for the courts to use in rendering inoperative a law that is in conflict with The Alberta Bill of Rights. 3.

(1) Rights and freedoms not enumerated are preserved and remain unaffected. (2) "Law of Alberta" defined.

(3) Jurisdiction of the Legislature. 4. Notice to the Attorney General in proceedings where a ques (tion arises as to effect of The Alberta Bill of Rights on a law of Alberta. 2 Title: 1972 (17th, 1st) Bill 1, The Alberta Bill of Rights

Document details

Collection	Alberta — Bills
Citation	L17 S1 4982
Type	bill
Volume / chapter	L17 S1 4982
Language	en
Format	json
Source	PROVINCIAL
Identifier	5befd3cfc505fd16be1b4d0f4155a485a4f7a0d0

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