Alberta Premier Danielle Smith recently confirmed her intention to amend the Alberta Human Rights Act to include vaccination status as a protected ground against discrimination. This move reaffirms one of her significant campaign promises. Premier Smith also promised the enactment of the Alberta Sovereignty Act, which permits the province to challenge or disregard federal laws deemed detrimental to Alberta’s interests. The Sovereignty Act, which empowers Alberta to contest federal statutes, became effective on December 15, 2022.
Premier Smith’s current stance represents a reversal from her previous position, wherein she had backtracked on her promise to safeguard vaccination status under provincial human rights legislation. Initially, Premier Smith described unvaccinated individuals as “the most discriminated group” she had witnessed, citing various hardships they encountered, such as employment termination, restricted hospital visitations, and travel limitations.
The debate surrounding vaccination status intensified during the COVID-19 pandemic, particularly affecting healthcare workers in Alberta. In 2021 and 2022, over a thousand healthcare workers faced unpaid leave until the province lifted the vaccine mandate. These employees later reached settlements, receiving compensation for their enforced absences.
In Canada, both provincial and federal governments share responsibilities under sections 91 and 92 of the Constitution Act 1867. While the Canadian Charter of Rights and Freedoms provides nationwide protection of fundamental rights, provincial jurisdictions address human rights in areas like employment and housing.
Premier Smith’s proposal to amend the bill of rights is expected to be formally presented this fall, almost 18 months after she assumed office. For more details, you can visit the original report by JURIST.