Back to Class

Hello, Alberta politics students. It’s September, and we’re back.

So many of you have been busy over the summer. Such creativity you’ve been demonstrating! I’ve been following your work with great interest.

But I think it might be time to revisit a few of the basics, yes?

Let’s start with the group in the black hats, here in the front of the lecture hall. Haven’t you been busy this summer, drafting a whole new version of the Alberta Bill of Rights! Interesting work. I noticed the random capitalization — that was an homage to the US Declaration of Independence, wasn’t it? And the US Bill of Rights? A few of the ideas came from there too, didn’t they? Life, Liberty … and the Pursuit of Happiness; the Freedom to Keep and Bear Arms…

Now, I think we want to revisit one of those core concepts we talked about last year. Anyone remember the term “justiciable?” Anyone? Yes, that’s correct - it means something that you can take to court. The Charter is justiciable — you can challenge the constitutionality of legislation that contravenes the Charter and if you win, the legislation is struck down.

Now, who thinks that the Alberta Bill of Rights is justiciable? Hmm. That’s a lot of hands. You might want to check that with a constitutional lawyer or two…

What’s that? Yes, I am saying that the Alberta Bill of Rights might just be symbolic, at best.

One other thing: remember when we talked about the division of powers between the federal and provincial governments? And do you remember which order of government has authority over criminal law? That’s right - it’s the federal government. So, Don, did you want to explain what you mean when you wrote that the impact of the right to bear arms would be “uncertain”? Yes, I do think it would be helpful to clarify that for your readers. And for heaven’s sake, get the Herald to take down the headline saying “Bill of Rights with UCP board approval would bring unrestricted freedom to own and use guns.” That’s misleading. It might create some confusion.

What’s that? You think that the Alberta Bill of Rights would invalidate federal legislation about firearms? Let me be really clear: it would not. The provincial legislature has no authority to pass legislation that invalidates federal laws. Even when it’s legislation that you really, really dislike. Sorry!

Now, is Mr. Stephan here? Yes, good. So, you were quoted as saying that “What a Bill of Rights does is hold government accountable.” Did you want to go back to your notes about rights guarantees? Anyone remember what the purpose is? That’s correct: to protect citizens from government overreach, to protect minority rights, to protect equality under the law. And who remembers what the most important accountability mechanism is in a democracy? That’s right! Regular elections, ensuring that elected officials remain accountable to the electorate.

Well, we’re out of time for today. Great to see you all! Happy to stay after class to answer questions.