This is a draft prepared by one contributor, published for public discussion. Nothing here is an adopted position of the project or a proposal it endorses. The purpose is to learn where Albertans agree, disagree, and want changes.

Digital Rights and Protections

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Summary
Background
Revisions
Discussion

Freedom of Digital Expression

Everyone has the right to access, share, and create information online without government interference. Any restriction on online expression must serve a compelling public interest, be narrowly defined, be proportionate, and be subject to judicial review.

Protection from Digital Surveillance

Everyone has a right to digital privacy. Alberta can require its own agencies, provincial contractors, and the private sector it regulates to access personal data, communications, or metadata only under a specific, individualized court warrant, and can ban bulk or dragnet surveillance by those bodies. Applying the same rule to federal agencies such as the RCMP, CSIS, and CSE would require federal cooperation or a broader constitutional change, because federal surveillance powers are set by Parliament.

Limits on Delegated Censorship

Government cannot order platforms or service providers to remove or suppress lawful content without clear statutory authority, written notice to the person affected, and a meaningful right of appeal. Private companies cannot be used as unofficial censors on the government's behalf.

Transparency and Oversight

Government requests to moderate content, collect data, or access digital systems must be publicly reported each year (with a narrow court-approved security exception). A new independent Digital Rights Oversight Commission, appointed by the Legislature, would audit surveillance use and investigate violations of this article.

Enforcement and Remedies

Anyone whose digital rights under this article are violated can go to court to seek a ruling, an order to stop the violation, or financial compensation. The Legislature must ensure affordable legal procedures exist, including funding for independent legal help when needed.
  • Freedom of expression online, with narrow and proportionate restrictions only
  • Digital privacy and a ban on bulk or algorithmic surveillance without individualized suspicion
  • Limits on government compelling private platforms to suppress lawful content
  • Annual transparency reports and a Digital Rights Oversight Commission
  • Standing to sue for declaratory, injunctive, and monetary relief

Why this article is proposed

Most of the rights in this article exist somewhere in Canadian law, but they are scattered across the Canadian Charter of Rights and Freedoms, federal statutes (the Criminal Code, the CSIS Act, the Privacy Act, PIPEDA), and provincial statutes (Alberta's Personal Information Protection Act). The article would gather them into a single provincial framework and entrench them so they cannot be reduced by ordinary legislation.

What it would change

Section 1 entrenches a high threshold (compelling and demonstrable public interest, narrowly tailored, proportionate, with judicial review) for any restriction on online expression. Section 2 bans bulk and algorithmic surveillance without individualized suspicion. Section 3 limits the government's ability to enlist private platforms to suppress lawful content. Section 4 requires annual transparency reports and creates a Digital Rights Oversight Commission. Section 5 creates civil remedies.

The legal basis

These rules sit on Charter foundations (s.2(b), s.8) and on provincial jurisdiction over property and civil rights in the province (Constitution Act, 1867 s.92(13)). Provincial entrenchment is allowed under Constitution Act, 1982 s.45. The article cannot bind federal surveillance, federal broadcasting and telecommunications regulation, or federal content laws, all of which remain under Parliament's authority.

Open questions

Two questions for Albertans: whether the high threshold for restricting online expression is workable in practice given that some restrictions (defamation, intimate-image abuse, child-safety rules) are already in force; and how to draw the line between protecting Albertans from federal surveillance overreach and respecting the lawful exercise of federal investigative authority under judicial warrant.

Revision 1 2026-05-20
major

Initial draft of Article IX from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.

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