Alberta moves to protect personal freedom when emergency powers in place

On the cusp of a federal election, the Government of Alberta is taking steps to ensure Albertans are protected from abuse when emergency powers are used.

Liberal Leader Mark Carney has said he is willing to use emergency powers if elected to "accelerate major projects."

The province has introduced Bill 49 in response to recommendations from the Public Health Emergencies Governance Review Panel. The proposed changes emphasize balancing individual rights and freedoms with the need for swift action in crises.

If passed, Bill 49 would refine the definition of an "emergency" to clarify that such events are sudden and temporary, ensuring emergency powers are used only as long as necessary to restore public safety.

Minister of Public Safety and Emergency Services Mike Ellis told the Western Standard the bill wasn't drafted with Ottawa and Mark Carney in mind.

"I wouldn't say this is a pushback," he said. "We had the Manning Report that had a number of recommendations. I think we want to make sure that we're balancing that with public safety, with individual freedoms, and I think we're striking the right balance."

The Manning Report in Alberta refers to the final report of the Public Health Emergencies Governance Review Panel, chaired by Preston Manning, a former leader of the Reform Party of Canada.

Commissioned by Alberta Premier Danielle Smith in early 2023, the panel was tasked with reviewing the province's legislative and governance response to the COVID-19 pandemic and recommending changes to improve Alberta's handling of future public health emergencies.

The report advocates for a "better balance" between public health measures and individual rights, proposing amendments to the Alberta Bill of Rights to strengthen personal freedoms, such as freedom of expression, and protection against perceived overreach during emergencies.

The new higher threshold aims to limit the use of extraordinary powers to situations where they are truly warranted.

"These amendments are built on the principle of 'sober second thought' — ensuring that, even under pressure, every action is measured against our commitment to individual freedoms," Premier Danielle Smith said in a statement.

"Albertans value deeply the democratic rights and freedoms our society is built on, and it is incumbent on government to ensure those rights are protected."

The bill also introduces new consultation requirements, mandating that the minister responsible for emergencies consult with the premier, cabinet or other elected officials before issuing emergency orders.

Additionally, orders must be communicated promptly and clearly to Albertans, ensuring transparency about government actions and their potential impacts.

"Trust and transparency are essential, especially during an emergency," said Ellis in a statement. "These updates would ensure the government is accountable to Albertans and that they know what actions government is taking during emergencies."

Beyond legislative changes, the province is planning regulatory updates to enhance community preparedness. Local authorities would be required to develop evacuation plans and mitigation strategies based on hazard and risk assessments, with a two-year timeline to comply.

These measures aim to reduce the long-term costs and impacts of disasters. Further amendments to the Disaster Recovery Regulation would expand post-disaster mitigation funding to cover a wider range of hazards, aligning with updates to the federal Disaster Financial Assistance Arrangements.

The proposed changes come as Alberta seeks to strengthen its emergency framework, ensuring both decisive action and the protection of individual rights in times of crisis.

Alberta is also considering creating a new independent police service to assume the police-like responsibilities currently performed by Alberta Sheriffs. If passed, Bill 49 would lay additional groundwork for the new police service.

"We have to make sure that when somebody calls 911, that somebody shows up for the call," said Ellis in a press conference.

The province added in a statement, "While the RCMP would remain the official provincial police service, municipalities would have a new option for their local policing needs."