Danielle Smith, the conservative premier of the western Canadian province of Alberta, re-confirmed on Monday that she will table amendments to the Alberta Human Rights Act to include vaccination status as a protected ground from discrimination.
The amendment was a key campaign promise, along with the enactment of the Alberta Sovereignty Act, which allows the province to challenge or ignore federal laws that negatively impact Alberta’s interests. The Alberta Sovereignty Act was enacted and came into force on December 15, 2022, shortly after the premier took office. Premier Smith later walked back on her promise of amending provincial human rights legislation to include vaccination status as a protected ground.
On the day she was sworn in, Premier Smith was asked how the choice to vaccinate was comparable to other protected grounds under the Alberta Human Rights Act, such as race, gender and sexual orientation. In response, she described the unvaccinated group, which has faced issues such as being fired by their employers, not being able to visit loved ones in hospitals and being unable to travel, as “the most discriminated group” she has seen in her lifetime. She later clarified her comments in a written statement.
Vaccination status was a significant issue among healthcare workers in Alberta during the COVID-19 pandemic, pitting the competing social values of public health and safety against bodily autonomy and personal choice. More than a thousand healthcare workers who were not fully immunized were put on unpaid leave in 2021 and 2022 until the vaccine mandate was lifted. These employees later settled grievances, receiving financial compensation for their time off work.
As a federation, the jurisdictions of the provincial and federal governments in Canada are set out in sections 91 and 92 of the Constitution Act 1867. Human rights are protected through both provincial and federal laws. Nationally, the Canadian Charter of Rights and Freedoms, part of the Canadian Constitution, guarantees fundamental freedoms from unreasonable government laws or actions. Provincial legislation also protects human rights in areas of exclusive provincial jurisdiction, such as property, housing, employment, and goods, services and facilities.
The re-confirmation comes about one and a half years after Premier Smith took office after her United Conservative Party won a divisive provincial election. The amended bill of rights is expected to be tabled in the provincial legislature in the fall.
