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.

Religious Liberty and Freedom of Conscience

Full Text
Summary
Background
Revisions
Discussion

Freedom of Belief and Worship

Every person may hold, change, or reject any religious or moral belief and worship as they choose, free from coercion. This restates the existing federal Charter guarantee in Alberta's own constitution.

Peaceful Practice and Assembly

People and communities may practice their faith publicly or privately, and religious gatherings, ceremonies, and symbols are protected from interference, subject only to reasonable limits for public safety.

Freedom from Discrimination and Retaliation

No one may be penalized or excluded because of religious belief, conscience, or non-belief; and neither individuals nor organizations can be forced to act against their sincere beliefs unless refusing would cause direct and demonstrable harm to others.

Institutional Autonomy

Churches, religious schools, charities, and faith associations may govern themselves according to their own doctrine, including how they choose leaders and set moral standards; the government may only intervene for criminal law violations or to uphold the constitution.

Parental and Medical Conscience

Parents may raise their children according to their religious and moral beliefs. No one can be compelled to take part in medical, educational, or government programs that conflict with their conscience, unless a court orders it to prevent imminent and serious harm.
  • Freedom of thought, conscience, belief, and religion
  • Protection of religious gatherings, ceremonies, symbols, and institutions
  • Anti-discrimination protections on religious or conscience grounds
  • Institutional autonomy for faith-based organizations
  • Parental and medical conscience protections, with court-ordered exceptions

Why this article is proposed

Religious freedom is already strongly protected in Canadian and Alberta law: the Canadian Charter of Rights and Freedoms s.2(a), the Alberta Human Rights Act, and a body of case law from the Supreme Court of Canada. The article would entrench these protections in a provincial constitution and add explicit protection for institutional autonomy and conscience.

What it would change

Section 1 restates the Charter freedom of conscience and religion in Alberta-specific language. Section 2 protects religious gatherings and symbols, subject to reasonable limits. Section 3 entrenches anti-discrimination protections on religious or conscience grounds with a direct-harm threshold for compelled conduct. Section 4 entrenches the institutional autonomy of faith-based organizations. Section 5 protects parental and medical conscience, with a court-order exception for imminent and serious harm.

The legal basis

Most of the article is within Alberta's jurisdiction through Constitution Act, 1867 s.92(13) (property and civil rights), s.92(7) (provincial hospitals and charitable institutions), s.93 (education), and s.92(16) (matters of a merely local or private nature). Constitution Act, 1982 s.45 lets Alberta entrench these protections. The article does not displace the Canadian Charter, which continues to apply, nor federal jurisdiction over criminal law.

Open questions

Two questions for Albertans: whether to entrench religious institutional autonomy more strongly than the courts have already done, given that internal governance is largely insulated from court review under Wall; and how to balance Section 5's medical-conscience protection with existing professional-conduct rules for health-care providers and with the existing duty-to-refer framework for ethically contested services.

Revision 1 2026-05-20
major

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

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