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Introduction to Inherent Rights and Public Policy  

Definition of Inherent Rights  

Explanation of inherent rights as fundamental human rights  

Historical context and evolution of inherent rights  

Overview of Public Policy  

Definition and significance of public policy  

Interaction between inherent rights and public policy  

The Alberta Human Rights Act  

Purpose and Scope of the Act  

Objectives of the Alberta Human Rights Act  

Key provisions and protections offered  

The Preamble of the Alberta Human Rights Act  

Importance of the Preamble in legal documents  

Key themes and principles articulated in the Preamble  

Analyzing the Preamble  

Reflection of Inherent Rights  

Identification of inherent rights mentioned in the Preamble  

The role of inherent rights in shaping public policy in Alberta  

Public Policy Implications  

How the Preamble informs and guides public policy decisions  

Case studies illustrating the impact of the Preamble on public policy  

Challenges and Critiques  

Examination of challenges in implementing the principles outlined in the Preamble  

Critiques from various stakeholders regarding the effectiveness of the Act in protecting inherent rights  

Inherent Rights and Public Policy: Analyzing the Preamble of the Alberta Human Rights Act  

Preamble
WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all persons is the foundation of freedom, justice and peace in the world;
WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation;
WHEREAS multiculturalism describes the diverse racial and cultural composition of Alberta society and its importance is recognized in Alberta as a fundamental principle and a matter of public policy; 
WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all Albertans should share in an awareness and appreciation of the diverse racial and cultural composition of society and that the richness of life in Alberta is enhanced by sharing that diversity; and

WHEREAS it is fitting that these principles be affirmed by the Legislature of Alberta in an enactment whereby those equality rights and that diversity may be protected:

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 

Effect of Act on provincial laws
1(1) Unless it is expressly declared by an Act of the Legislature that it operates notwithstanding this Act, every law of Alberta is inoperative to the extent that it authorizes or requires the doing of anything prohibited by this Act.
(2) In this Act, “law of Alberta” means an Act of the Legislature of Alberta enacted before or after the commencement of this Act, any order, rule or regulation made under an Act of the Legislature of Alberta, and any law in force in Alberta on January 1, 1973 that is subject to be repealed, abolished or altered by the Legislature of Alberta.
RSA 1980 cI-2 s1

Alberta Heritage Day
2 In recognition of the cultural heritage of Alberta, the first Monday in August each year shall be observed as a day of public celebration and known as “Alberta Heritage Day”.
1996 c25 s4

Code of Conduct

Discrimination re publications, notices
3(1) No person shall publish, issue or display or cause to be published, issued or displayed before the public any statement, publication, notice, sign, symbol, emblem or other representation that
(a)	indicates discrimination or an intention to discriminate against a person or a class of persons, or
(b)	is likely to expose a person or a class of persons to hatred or contempt because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or class of persons.
(2)	Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject.
(3)	Subsection (1) does not apply to
(a)	the display of a notice, sign, symbol, emblem or other representation displayed to identify facilities customarily used by one gender,
(b)	the display or publication by or on behalf of an organization that
(i)	is composed exclusively or primarily of persons having the same political or religious beliefs, ancestry or place of origin, and
(ii)	is not operated for private profit,
of a statement, publication, notice, sign, symbol, emblem or other representation indicating a purpose or membership qualification of the organization, or
(c)	the display or publication of a form of application or an advertisement that may be used, circulated or published pursuant to section 8(2),
if the statement, publication, notice, sign, symbol, emblem or other representation is not derogatory, offensive or otherwise improper.
RSA 2000 cH-14 s3;2009 c26 s4;2015 c18 s3

Discrimination re goods, services, accommodation, facilities
4	No person shall
(a)	deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or
(b)	discriminate against any person or class of persons with respect to any goods, services, accommodation or facilities that are customarily available to the public,
because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income,
 

Section 4.1
 

ALBERTA HUMAN RIGHTS ACT
 
RSA 2000
Chapter A-25.5
 
 

family status or sexual orientation of that person or class of persons or of any other person or class of persons.
RSA 2000 cH-14 s4;2009 c26 s4;2015 c18 s3;2017 c17 s2

Benefit based on age
4.1	Section 4 as it relates to age does not apply with respect to the conferring of a benefit on
(a)	minors or any age-based class of minors, or
(b)	individuals who have reached a specified age not less than 55.
2017 c17 s2

Minimum age for occupancy
4.2(1) Section 4 as it relates to age and family status does not apply with respect to a minimum age for occupancy that applies to
(a)	a residential unit as defined in the Condominium Property Act,
(b)	a housing unit as defined in the Cooperatives Act, or
(c)	a mobile home site as defined in the Mobile Home Sites Tenancies Act,
if that minimum age for occupancy was in existence before January 1, 2018.
(2)	Section 4 as it relates to age and family status does not apply with respect to a minimum age for occupancy that applies to accommodation at premises in which every unit or site is reserved for occupancy by one individual who has reached a specified age not less than 55 or by two or more individuals at least one of whom has reached a specified age not less than 55.
(3)	A minimum age for occupancy under subsection (2)
(a)	must not prevent occupancy by a prescribed class of individuals or in the prescribed circumstances, and
(b)	may permit occupancy by a prescribed class of individuals or in the prescribed circumstances.
(4)	If a minimum age for occupancy is adopted in accordance with subsection (2), the minimum age for occupancy shall not be considered to be non-compliant with subsection (2) by reason of continued occupation by individuals who were resident in the premises before that minimum age for occupancy was adopted and
 
who do not conform to the minimum age for occupancy, to subsection (2) or to the regulations referred to in subsection (3).
2017 c17 s2

Discrimination re tenancy
5(1) No person shall
(a)	deny to any person or class of persons the right to occupy as a tenant any commercial unit or self-contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or
(b)	discriminate against any person or class of persons with respect to any term or condition of the tenancy of any commercial unit or self-contained dwelling unit,
because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or class of persons or of any other person or class of persons.
(2)	Subsection (1) as it relates to age and family status does not apply with respect to a minimum age for occupancy for premises that contain a unit or site to which section 4.2(1) applies.
(3)	Subsection (1) as it relates to age and family status does not apply with respect to a minimum age for occupancy that applies to a unit or site at premises in which every unit or site is reserved for occupancy by one individual who has reached a specified age not less than 55 or by two or more individuals at least one of whom has reached a specified age not less than 55.
(4)	A minimum age for occupancy under subsection (3)
(a)	must not prevent occupancy by a prescribed class of individuals or in the prescribed circumstances, and
(b)	may permit occupancy by a prescribed class of individuals or in the prescribed circumstances.
(5)	If a landlord adopts a minimum age for occupancy in accordance with subsection (3), the minimum age for occupancy shall not be considered to be non-compliant with subsection (3) by reason of continued occupation by individuals who were resident in the premises before that minimum age for occupancy was adopted and who do not conform to the minimum age for occupancy, to subsection (3) or to the regulations under subsection (4).
RSA 2000 cH-14 s5;2009 c26 s45;2015 c18 s3;
2017 c17 s3;2018 c11 s3
 
Regulations
5.1	The Lieutenant Governor in Council may make regulations
(a)	respecting the classes of individuals and the circumstances referred to in sections 4.2(3)(a) and 5(4)(a);
(b)	respecting the classes of individuals and the circumstances referred to in sections 4.2(3)(b) and 5(4)(b);
(c)	determining or respecting the determination of whether and when a minimum age for occupancy is in existence for the purposes of section 4.2(1) or deeming a minimum age for occupancy to be in existence.
2017 c17 s4

Equal pay
6(1) Where employees of both sexes perform the same or substantially similar work for an employer in an establishment the employer shall pay the employees at the same rate of pay.
(2)	No employer shall reduce the rate of pay of an employee in order to comply with this section.
(3)	When an employee is paid less than the rate of pay to which the employee is entitled under this section, the employee is entitled to recover from the employer by action the difference between the amount paid and the amount to which the employee was entitled, together with costs, but
(a)	the action must be commenced within 12 months from the date on which the cause of action arose and not afterwards,
(b)	the action applies only to the wages of an employee during the 12-month period immediately preceding the termination of the employee’s services or the commencement of the action, whichever occurs first,
(c)	the action may not be commenced or proceeded with when the employee has made a complaint to the Commission in respect of the contravention of this section, and
(d)	no complaint by the employee in respect of the contravention shall be acted on by the Commission when an action has been commenced by the employee under this section.
RSA 1980 cI-2 s6;1990 c23 s2;1996 c25 s8

Discrimination re employment practices
7(1) No employer shall
 
(a)	refuse to employ or refuse to continue to employ any person, or
(b)	discriminate against any person with regard to employment or any term or condition of employment,
because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person.
(2)	Subsection (1) as it relates to age and marital status does not affect the operation of any bona fide retirement or pension plan or the terms or conditions of any bona fide group or employee insurance plan.
(3)	Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
RSA 2000 cH-14 s7;2009 c26 s6;2015 c18 s3

Applications and advertisements re employment
8(1) No person shall use or circulate any form of application for employment or publish any advertisement in connection with employment or prospective employment or make any written or oral inquiry of an applicant
(a)	that expresses either directly or indirectly any limitation, specification or preference indicating discrimination on the basis of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or of any other person, or
(b)	that requires an applicant to furnish any information concerning race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.
(2) Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
RSA 2000 cH-14 s8;2009 c26 s7;2015 c18 s3
 

Section 9
 

ALBERTA HUMAN RIGHTS ACT
 
RSA 2000
Chapter A-25.5
 
 

Membership in trade union, etc.
9 No trade union, employers’ organization or occupational association shall
(a)	exclude any person from membership in it,
(b)	expel or suspend any member of it, or
(c)	discriminate against any person or member,
because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or member.
RSA 2000 cH-14 s9;2009 c26 s8;2015 c18 s3

Prohibitions regarding complaints
10(1) No person shall retaliate against a person because that person
(a)	has made or attempted to make a complaint under this Act,
(b)	has given evidence or otherwise participated in or may give evidence or otherwise participate in a proceeding under this Act,
(c)	has made or is about to make a disclosure that person may be required to make in a proceeding under this Act, or
(d)	has assisted in any way in
(i)	making or attempting to make a complaint under this Act, or
(ii)	the investigation, settlement or prosecution of a complaint under this Act.
(2) No person shall, with malicious intent, make a complaint under this Act that is frivolous or vexatious.
RSA 1980 cI-2 s11;1990 c23 s7;1996 c25 s13

Ameliorative policies, programs and activities
10.1	It is not a contravention of this Act to plan, advertise, adopt or implement a policy, program or activity that
(a)	has as its objective the amelioration of the conditions of disadvantaged persons or classes of disadvantaged persons, including those who are disadvantaged because of their race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age,
 

Section 11
 

ALBERTA HUMAN RIGHTS ACT
 
RSA 2000
Chapter A-25.5
 
 

ancestry, place of origin, marital status, source of income, family status or sexual orientation, and
(b)	achieves or is reasonably likely to achieve that objective.
2017 c17 s5

Reasonable and justifiable contravention
11	A contravention of this Act shall be deemed not to have occurred if the person who is alleged to have contravened the Act shows that the alleged contravention was reasonable and justifiable in the circumstances.


The intersection of inherent rights and public policy stands as a fundamental pillar in the pursuit of equity and justice within society. Understanding inherent rights—those fundamental human rights that individuals possess by virtue of their humanity—serves as a critical foundation for analyzing how legislation shapes and reflects societal values. This course, "Inherent Rights and Public Policy: Analyzing the Preamble of the Alberta Human Rights Act," delves into the intricate relationship between these rights and the public policy framework that governs them. By examining the historical evolution and definition of inherent rights alongside the mechanisms of public policy, participants will gain insight into how these concepts are interwoven within the legal fabric of Alberta and beyond.

The Alberta Human Rights Act, a cornerstone of the province's commitment to safeguarding individual freedoms and promoting equality, provides a rich context for exploring these themes. The Preamble of this Act not only articulates the intentions of the legislation but also encapsulates the core principles that inform its implementation. By critically analyzing the Preamble, the course will highlight the inherent rights it reflects, the implications for public policy, and the challenges faced in translating these ideals into practice. Through case studies and discussions, participants will engage with the complexities of ensuring that public policy decisions align with the principles enshrined in the Preamble, equipping them with a nuanced understanding of the interplay between rights and policy in fostering an equitable society.