bill 47: access to justice, denied

On November 21, 2024, the Alberta government announced that it would introduce a no-fault auto insurance law — Bill 47, also called the Care First model — to take effect on January 1, 2027. Though the government promises better benefits and lower premiums, Bill 47 comes with major changes that could significantly reduce legal rights and hinder justice for people injured in car accidents. A recent article from Dana Nielson details the changes which are coming, and the concerns which those changes raise.

• Eliminated right to sue

  Under Bill 47, injured individuals will no longer be able to bring tort (legal) claims for injury or death regardless of fault. Instead, all claims will be handled through a tribunal funded by private insurers. That tribunal’s decisions will be final and conclusive, with very limited recourse through the courts. 

• Tribunal vs Court oversight

  The proposed Automobile Care-First Tribunal will replace many court-based remedies. Judicial reviews are available, but they do not guarantee a different outcome—courts can only send matters back to the tribunal for reconsideration. 

• Limited exceptions

  There will be narrow allowances under certain offence-based circumstances (e.g. convictions under the Criminal Code or Traffic Safety Act) where you might still sue. But statistical data suggests very few will qualify. 

• Potential premium increases despite promises

  Although the government promises savings (up to $400/year), other parts of Bill 47 allow insurers to raise premiums for “good drivers” by up to 7.5% starting 2025. 

• Erosion of legal safeguards & transparency

  The tribunal structure, funded by private insurers, raises concerns about impartiality and fairness. 

  Many Albertans are reportedly still uncertain or misinformed about what legal rights they are giving up under Bill 47. 

• Strong public support for the right to sue

  Surveys cited in the article show that 75% of Albertans believe maintaining the right to sue is important; among people injured in the last five years, support was even higher. 

THE BOTTOM LINE: Bill 47 may promise faster claims and lower premiums — but it does so by cutting away core legal protections for Albertans. Under this model, injured parties will face tribunals instead of courts, fewer chances to hold negligent drivers to account, and more power granted to insurance companies. Without safeguards, many Albertans risk losing more than just money — they could lose their voice, their choice, and their ability to pursue justice.

Read the full article in Law Matters: https://lawmatters.cba-alberta.org/en-ca/articles/law/access-to-justice/bill-47-and-access-to-justice-in-alberta