Repeal section 3 of the Alberta's Human Rights Act

To ministryofjustice@gov.ab.ca,

The Honourable Mickey Amery, K.C.
Minister of Justice
Government of Alberta

Office of the Minister of Justice
424 Legislature Building
10800 – 97 Avenue
Edmonton, Alberta, T5K 2B6

Dear Minister Amery,

RE: Repeal section 3 of the Albertas Human Rights Act

I am writing to urge your government to immediately repeal section 3 of the Alberta Human Rights Act, RSA 2000, c A-25.5, which gives Alberta’s human rights system broad powers to punish the public expression of opinion by Albertans.

Sections 4 through 10 of the Alberta Human Rights Act prohibit discrimination in the areas of employment, wages, services, housing and tenancy, and other areas of civic life. These sections effectively prohibit discriminatory signage like “Women need not apply” or “Jews not welcome here.”

Section 3 is fundamentally different because it is used to prosecute and punish Albertans simply for expressing their opinions on moral, social, and political issues. Courts have repeatedly interpreted section 3 as extending to all speech in Alberta, not merely discriminatory signage.

As you know, the Alberta Human Rights Commission is currently prosecuting Benita Pedersen over a flyer opposing a proposed rainbow crosswalk in Westlock. Alberta business owner Karen Richert also faces a human rights complaint over comments she posted online about a “family-friendly” drag show.

It is clear that section 3 of the Alberta Human Rights Act restricts freedom of expression, rather than only discriminatory conduct. It empowers Alberta’s human rights system to punish citizens for expressing opinions on matters of public interest, i.e., for exercising their freedom of expression protected by the Canadian Charter of Rights and Freedoms.

I therefore urge you, and all Members of the Legislative Assembly of Alberta, to support the immediate repeal of section 3 of the Alberta Human Rights Act, so that speech in Alberta will be free once more.

Sincerely,