Alberta moves to amend Public Health Act to protect civil liberties in future health emergencies

Following Alberta’s unprecedented use of the Public Health Act (PHA) during COVID-19, under former premier Jason Kenney, Premier Danielle Smith is introducing amendments to strengthen protections for civil liberties while refining the province’s response framework for future health crises.

This decision comes after the Public Health Emergencies Governance Review Panel published its findings in November 2023, recommending over 90 changes based on Alberta’s experience managing COVID-19. The new amendments aim to protect the rights of Albertans even during emergency health measures.

Prioritizing Civil Liberties Amid Public Health Measures

The proposed changes to the PHA centre on balancing emergency health responses with individual freedoms. These adjustments are meant to ensure that, in future emergencies, any health mandates respect civil liberties, a core concern for Albertans during the COVID-19 pandemic.

A significant addition to the Act includes a new preamble that explicitly prioritizes transparency, accountability, and responsiveness. It reaffirms Alberta’s commitment to the Alberta Bill of Rights, ensuring that health measures respect civil liberties. The government intends for this framework to provide reassurance that individual freedoms will not be sidelined, even in times of crisis.

Clearer Definition of a Public Health Emergency

Another key amendment refines what constitutes a "public health emergency." By limiting the term to urgent and temporary occurrences—such as epidemics, pandemics, or the presence of hazardous materials—that pose a substantial threat to public health, the government aims to prevent future overreach. This clearer definition will restrict the power to declare emergencies, allowing it only when truly necessary.

Ensuring Checks and Balances During Health Crises

The Panel recommended that the government create a process where emergency health powers are both effective and proportionate to the risk involved. For many Albertans, this is a response to the perceived overreach of COVID-19 measures, which impacted daily life, employment, and personal freedoms.

Sheila Gunn Reid

Chief Reporter

Sheila Gunn Reid is the Alberta Bureau Chief for Rebel News and host of the weekly The Gunn Show with Sheila Gunn Reid. She's a mother of three, conservative activist, and the author of best-selling books including Stop Notley.