Alberta
Alberta Trailblazing On Property Rights Protections
From the Frontier Centre for Public Policy
Most pundits missed it, but Alberta’s revised Bill of Rights just strengthened property rights in a big way. Senior research fellow Joseph Quesnel breaks down how new amendments could protect landowners from regulatory takings—government actions that restrict property use without compensation. He examines key Supreme Court of Canada rulings and explains why every Canadian jurisdiction should take note. Could this be a game-changer for property rights?
Property rights amendments prevent governments from seizing land or restricting its use without compensation
Alberta is one of the few Canadian jurisdictions with a citizen’s bill of rights outlining fundamental freedoms. In 1972, the Lougheed government introduced the Alberta Bill of Rights, which supersedes other laws and requires provincial legislation to be consistent with it.
Premier Danielle Smith faced controversy last year for amending Alberta’s Bill of Rights. While most commentators focused on the amendments protecting the right to refuse vaccinations, they overlooked the significance of changes that strengthen property rights.
Section 1 now states: “The right to the enjoyment of property and the right not to be deprived thereof to the extent authorized by law and except by due process of law.”
Another new clause reads: “The right not to be subject to a taking of property except to the extent authorized by law and where just compensation is provided.”
The law defines a “taking” in two ways: as “a transfer of property ownership without the consent of the owner (expropriation)” and as a situation where “an owner of property [is] being deprived of all reasonable uses of that property.”
Unlike the United States, Canada lacks constitutional protections for property rights. While Canadians have some legal safeguards, they are not as extensive as those in the U.S. In the British common law tradition, there is a presumption that if the government takes a citizen’s property, it must follow legal procedures and provide compensation.
This principle dates back to the Magna Carta of 1215, which opposed arbitrary seizure, and extends to the 1920 British case Attorney General v. De Keyser’s Royal Hotel, which ruled: “Unless the words of the statute clearly so demand, a statute is not to be construed to take away the property of a subject without compensation.”
Following this precedent, federal, provincial and territorial governments in Canada must provide fair compensation when expropriating property. While provinces and territories have different expropriation laws, they all require due process.
However, a legal loophole allows governments to deprive citizens of their property without compensation. Courts refer to this as a “regulatory taking” when government regulations restrict land use to the point that it is effectively expropriated.
The Supreme Court of Canada ruled on regulatory takings in two cases: Canadian Pacific Railway Co. v. Vancouver (2006) and Annapolis Group Inc. v. Halifax Regional Municipality (2022). The court determined that compensation for regulatory takings requires two conditions: the government must acquire a beneficial interest in the property, and the regulation must remove all reasonable uses of the land. A beneficial interest means the government gains a financial share or the right to occupy a property without legally owning it.
Peter Russell, one of Canada’s top constitutional law scholars, argued that the requirements established in the CPR case are nearly impossible to meet. Proving the removal of “all” reasonable uses sets a high bar, granting governments broad discretion to restrict land use without compensation.
The Annapolis ruling clarified this issue. The Supreme Court determined that municipalities do not need to gain a proprietary interest in a property to constitute a regulatory taking. Instead, a claimant only needs to prove the government received “a benefit or advantage accruing to the state” due to regulatory activity. This means the government can deprive a titleholder of potential economic use without taking legal ownership.
The Annapolis decision also established that courts must consider future-oriented land uses when determining whether a regulatory taking has occurred. The amended Alberta Bill of Rights now explicitly includes both expropriations and regulatory takings, strengthening property rights protections.
This amendment is significant because it expands safeguards for Albertans by applying not only to provincial laws but also to municipal bylaws. While Alberta cannot enforce laws that conflict with the amended Bill of Rights, the revisions give courts more authority to ensure governments treat citizens fairly.
The updated Bill of Rights is now law in Alberta. Other provinces and territories should follow its lead and strengthen protections for their citizens.
Joseph Quesnel is a senior research fellow with the Frontier Centre for Public Policy.
Alberta
Thousands of Albertans march to demand independence from Canada
From LifeSiteNews
Thousands of Albertans marched upon the province’s capital of Edmonton this past Saturday in the “I Am Alberta Rally,” calling for the province to immediately secede from Canada in light of increasing frustration with the Liberal federal government.
The rally saw an estimated 20,000 to 30,000 people march on the steps of the Alberta legislative building, demanding that a referendum be held at once to allow Alberta to leave Canada.
“We can’t delay. We can’t slow down,” well-known freedom lawyer Keith Wilson said at the rally as he spoke to the crowd.
“This is our moment. This is our future. For our families, for our children, for Alberta. Alberta will be free.”
The group behind the rally, the Alberta Prosperity Project (APP), bills itself as a sovereignty advocacy group. As reported by LifeSiteNews earlier this year, the APP wants to put Alberta independence to a question to the people via a referendum.
The rally also comes after certain members affiliated with the APP such as Jeffrey Rath and Dr. Dennis Modry earlier the month met in Washington, D.C. with cabinet-level U.S. politicians to discuss Alberta’s potential independence from Canada.
U.S. President Donald Trump has routinely suggested that Canada become an American state in recent months, often making such statements while talking about or implementing trade tariffs on Canadian goods.
The APP on July 4 applied for a citizen-led petition presented to Elections Alberta that asks, “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”
The group is hoping to have the referendum on the ballot as early as next year and has accused the Liberal federal government of encroaching on Alberta’s ability to manage its own affairs.”
The group says an independent Alberta would allow it to “keep our resources, grow our economy, and reinvest in Alberta families, businesses and infrastructure.”
As it stands now, the referendum question has been referred to the courts to see whether or not it can proceed.
Alberta Conservative Premier Danielle Smith does not support a fully independent Alberta. However, she does advocate for the province to have more autonomy from Ottawa.
As reported by LifeSiteNews, Smith said her conservative government will allow but not support a citizen-led referendum on independence.
Despite not advocating for an outright separate Alberta, Smith’s government has not stood still when it comes to increasing provincial autonomy.
Smith’s United Conservative government earlier this year passed Bill 54, which sets the groundwork for possible independence referendums by making such votes easier to trigger. The bill lowers the signature threshold from 600,000 to 177,000.
As reported by LifeSiteNews last week, Smith’s government introduced a new law to protect “constitutional rights” that would allow it to essentially ignore International Agreements, including those by the World Health Organization (WHO), signed by the federal Liberal government.
The calls for independence have grown since Liberal leader Mark Carney defeated Conservative rival Pierre Poilievre.
Carney, like former Prime Minister Justin Trudeau before him, said he is opposed to new pipeline projects that would allow Alberta oil and gas to be unleashed. Also, his green agenda, like Trudeau’s, is at odds with Alberta’s main economic driver, its oil and gas industry.
Alberta
Premier Smith sending teachers back to school and setting up classroom complexity task force
Taking action on classroom complexity
As schools reopen, Alberta’s government is taking action by appointing a class size and complexity task force to meet the challenge of increasingly complex classrooms.
Across Alberta, teachers are seeing more students with diverse learning needs and behavioural challenges, while incidents of classroom aggression are rising. To address these challenges head on, and in response to concerns raised by teachers, Alberta’s government will be appointing a Class Size and Complexity Task Force.
We recently formed the Aggression and Complexity in Schools Action Team to identify practical classroom focused solutions. Alberta’s government has received the action team’s draft final report and will use its recommendations to create a roadmap for safer classrooms. Alberta’s government will release the final report, and the task force will implement solutions, work with school boards to gather more data on classroom complexity and begin work to replace the 2004 Standards for Special Education.
“Teachers have made it clear that addressing classroom complexity and safety are among the most critical improvements needed in our education system. We are taking real action to meet those needs by strengthening classroom supports, hiring more teachers and educational assistants, and acting on the recommendations of the Aggression and Complexity in Schools Action Team. Parents, teachers and students all want the same thing – safe and supportive classrooms where every child can succeed.”
Teachers are vital to the success of Alberta’s education system. Over the next three years, school boards will be provided with funding to hire 3,000 teachers and 1,500 new education assistants to support students with complex needs. These funds may also be allocated to additional student support through assessments for complex needs, occupational therapy, physiotherapy or speech-language pathology, and other in-the-classroom supports.
“No teacher should ever be harmed while doing their job. We know that aggressive incidents have gone up sharply in recent years, and classrooms are becoming more complex. That’s why we’re doubling down on efforts to make classrooms safer and to give extra support to students who need it. Our goal is to create learning environments where every student can succeed.”
In November, Alberta’s government will work with school boards to gather information and data about class sizes and composition to ensure students are receiving the support they need. Information will be made available as soon as it is available and will be released annually thereafter.
Quick facts
- Between July and September 2025, the action team conducted engagement sessions with teachers, education partners and school boards through in-person and virtual sessions.
- This included front-line educators, families, disability organizations, community agencies, early learning experts and social service professionals.
- Budget 2025 included $55 million to help address classroom complexity – a 20 per cent increase from the previous year.
Getting Alberta’s kids back to school
If passed, Bill 2, the Back to School Act, will restore stability in Alberta’s education system and ensure students can return to learning without further disruption.
The ongoing teachers’ strike has disrupted classrooms across Alberta, setting back student learning and deepening achievement gaps. Each day schools remain closed, students lose critical instructional time, routine and support. This proposed legislation will end the strike and establish reasonable terms for a new teacher collective agreement.
“This strike has gone on long enough. It’s clear there’s no path forward unless we act. The Back to School Act refocuses everyone on what matters most, the education of Alberta’s students. Bill 2 puts students back at the centre of our system, while we continue to work with teachers and families to build lasting stability in Alberta’s schools.”
The Back to School Act legislates the terms of the September 2025 tentative agreement, which provided a 12 per cent salary increase over four years, additional market adjustments of up to 17 per cent for most teachers, and the hiring of 3,000 teachers and 1,500 educational assistants. The collective agreement will be in effect from Sept. 1, 2024, to Aug. 31, 2028.
“The time for labour stability is now. This legislation provides a positive path forward despite an interrupted school year. This is a necessary step and the most responsible decision for kids, teachers and parents. If Bill 2 is passed, it is my hope that classes will resume as soon as Wednesday, October 29.”
The last deal put on the table by the Alberta Teachers’ Association demanded an additional $2 billion from government. This was a clear display that the union had no intention to bargain in a reasonable manner with the government and present a fair offer.
“We believe invoking the notwithstanding clause is a necessary measure to end the undue hardship caused by the teacher strike. This strike has reached a point that is causing irreparable harm on student learning. Our government will not hesitate to use every available legal tool in defence of students.”
This legislation is the only responsible path forward to restore stability, protect students and ensure Alberta’s classrooms focus back on learning. Alberta’s government remains fully committed to strengthening the education system, supporting teachers, and putting the success and well-being of students at the heart of every decision made.
Key facts
- Bill 2 would end the province-wide teachers’ strike and legislates a new collective agreement.
- The agreement covers Sept. 1, 2024, to Aug. 31, 2028 and provides:
- A 12 per cent salary increase over four years.
- Additional market adjustments of up to 17 per cent for 95 per cent of members.
- 3,000 new teachers and 1,500 educational assistants to reduce class sizes and enhance support.
- These terms reflect the September 2025 tentative agreement recommended by the Alberta Teachers’ Association leadership.
- The legislation includes financial penalties for non-compliance and suspends local bargaining during the agreement to ensure labour stability through 2028.
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