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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.
Article XII · Revision 1 · 2026-05-20 rights

Property and Economic Liberty

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Summary
Background
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Plain language Full detail

Right to Acquire, Own, and Use Property Alberta alone

Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).

Current Law
Property and civil rights in the province are exclusively provincial under Constitution Act, 1867 s.92(13). Expropriation in Alberta requires compensation under the Expropriation Act, R.S.A. 2000, c. E-13. The Canadian Charter of Rights and Freedoms does not protect property.
Proposed

Every person shall have the right to acquire, possess, use, develop, and transfer real and personal property, subject only to such restrictions as are clearly necessary in a free and democratic society for public safety, order, or justice.

No person shall be deprived of property except in accordance with due process of law and with full, fair, and timely compensation.

Protection Against Arbitrary Regulation or Seizure Alberta alone

Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).

Current Law
Regulatory takings (where regulation deprives an owner of substantial use of property) are recognized in limited form by Canadian common law. Compensation is generally required only for direct expropriation, although the de facto takings doctrine is developing (Annapolis Group Inc. v. Halifax Regional Municipality, 2022 SCC 36).
Proposed

The Legislature and Executive shall not impose regulations, restrictions, or taxes on property that are arbitrary, punitive, or confiscatory in effect.

Any expropriation or regulatory taking1 that substantially deprives an owner of the practical use or value of their property shall require just compensation and shall be challengeable in court.

Legal accuracy note 1Regulatory takings standard. The section as drafted requires just compensation for any expropriation or regulatory taking that substantially deprives an owner of the practical use or value of their property. This entrenches a broader regulatory-takings rule than Canadian common law currently recognizes. Within the province's own jurisdiction, this is a permissible use of Constitution Act, 1982 s.45, but the standard for what counts as a substantial deprivation will be set by Alberta's courts and may be litigated extensively.

Economic Liberty and the Right to Earn a Living Alberta alone

Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).

Current Law
There is no general constitutional right to earn a living in Canada, although mobility within Canada is protected by Charter s.6. Occupational licensing in Alberta is set by statute under the Health Professions Act, R.S.A. 2000, c. H-7, the Police Act, R.S.A. 2000, c. P-17, the Engineering and Geoscience Professions Act, R.S.A. 2000, c. E-11, and many other profession-specific statutes.
Proposed

Every person has the right to engage in lawful work, trade, enterprise, farming, or profession of their choosing, without undue interference or discrimination by the state.

The government shall not restrict entry into a lawful occupation or impose licensing or permitting requirements except where necessary to protect public health, safety, or integrity.

Protection of Contract and Commerce

Current Law
Contract law in Alberta is governed by common law and by provincial statutes including the Sale of Goods Act, R.S.A. 2000, c. S-2, and the Frustrated Contracts Act, R.S.A. 2000, c. F-27. Interprovincial trade is constrained by the Canadian Free Trade Agreement and by Constitution Act, 1867 s.121 (the free movement of provincial products).
Proposed

The right to form and enforce private contracts1 shall be protected in law.

No legislative, executive, or judicial act shall impair the obligation of lawfully entered contracts, unless required for a compelling public purpose and in a manner consistent with principles of fairness and proportionality.

Classification note 1Scope of contract protection. The section as drafted protects contracts against legislative, executive, or judicial impairment unless required for a compelling public purpose. Provincial contract law is within s.92(13). Federal regulation of trade and commerce under s.91(2) and federal jurisdiction over banking (s.91(15)), bills of exchange (s.91(18)), and bankruptcy (s.91(21)) continue to apply within Alberta. The provincial constitution cannot displace federal jurisdiction over those subjects.

Rural, Agricultural, and Resource Rights Alberta alone

Alberta can adopt this now under its own authority (Constitution Act, 1982, s.45).

Current Law
Non-renewable natural resources, forestry, and electrical energy generation are within exclusive provincial jurisdiction under Constitution Act, 1867 s.92A. Agriculture is concurrent under s.95, with federal paramountcy. Land use and land tenure are within property and civil rights under s.92(13).
Proposed

Farmers, ranchers, and resource developers shall have the right to reasonably access, steward, and benefit from the land and resources they lawfully hold, in accordance with provincial environmental and safety standards.

The Legislature shall not pass laws that disproportionately burden or impair rural livelihoods or traditional land uses without broad consultation and public justification.

  • Constitutional right to acquire, own, and use property within the province
  • Compensation requirement for expropriation and regulatory takings
  • Right to engage in lawful work, trade, and enterprise
  • Protection of contract against retroactive impairment
  • Recognition of rural, agricultural, and resource interests

Why this article is proposed

The Canadian Charter of Rights and Freedoms does not protect property. Property and civil rights in the province are exclusively provincial under Constitution Act, 1867 s.92(13). The article would entrench property rights, economic liberty, contract protection, and rural and resource interests in a provincial constitution, where they would be harder to roll back by ordinary legislation.

What it would change

Section 1 entrenches a right to acquire, own, use, develop, and transfer property, with compensation required for any deprivation. Section 2 broadens the regulatory-takings doctrine beyond current Canadian common law. Section 3 creates a right to engage in lawful work, with licensing restricted to public-health, public-safety, and integrity grounds. Section 4 protects contracts against legislative, executive, and judicial impairment, subject to a compelling-public-purpose standard. Section 5 entrenches rural, agricultural, and resource interests against disproportionate burden.

The legal basis

Property and civil rights in the province are squarely within Alberta's jurisdiction. Constitution Act, 1982 s.45 lets Alberta entrench these protections. Several federal heads of power overlap: trade and commerce (s.91(2)), banking (s.91(15)), bills of exchange (s.91(18)), bankruptcy (s.91(21)), and criminal law (s.91(27), including theft and fraud). The provincial constitution cannot displace federal jurisdiction over those subjects. The interprovincial trade rule in s.121 also continues to apply.

Open questions

Three questions for Albertans: whether to entrench the broader regulatory-takings standard in Section 2, knowing that it will generate litigation about what counts as a substantial deprivation; whether to entrench economic liberty as a stand-alone right, given how widely it could be invoked against routine occupational regulation; and how to phrase the rural and resource protections in Section 5 so that they respect Indigenous rights under Constitution Act, 1982 s.35 and environmental obligations under federal law.

Question 9 on the October 2026 referendum ballot asks whether provincial laws should have priority over federal laws in areas of provincial or shared jurisdiction. That question is about paramountcy and is addressed in Article IV s6.

Revision 1 2026-05-20
major

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

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