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Business owners receive court approval to proceed with COVID lawsuit against Alberta gov’t

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From LifeSiteNews

By Anthony Murdoch

A judge ruled that businesses impacted by COVID lockdowns are allowed to claim compensation for harm and losses incurred due to the provincial chief medical officer’s illegal orders.

A class-action lawsuit on behalf of dozens of Canadian business owners in Alberta who faced massive losses or permanent closures due to COVID mandates has been given the go-ahead to proceed by a judge.

Lawyers representing businesses from Alberta-based Rath & Company announced in a press release on October 30 that it was “successful in its application for certification on behalf of Alberta business owners impacted by Covid-19 restrictions and closures imposed through Chief Medical Officer of Health (“CMOH”) Orders.”

“Justice Feasby of the Court of King’s Bench of Alberta released his decision today certifying the class action in Ingram v Alberta, 2024 ABKB 631,” Rath & Company said.

Lead counsel Jeffrey Rath said the Alberta government has been placed on notice for its actions against businesses during the COVID lockdown era.

The Rath lawsuit proposal names Rebecca Ingram, a gym owner, and Chris Scott, a restaurant owner, as “representative plaintiffs who suffered significant financial harm due to (former Alberta Chief Medical Officer) Dr. (Deena) Hinshaw’s Public Health Orders.”

According to Rath, the class action seeks to certify that “affected Alberta business owners who suffered losses due to the CMOH orders, which were found to be ultra vires — outside legal authority and therefore unlawful — under Alberta’s Public Health Act (“PHA”).

“As a result, the Court Certified multiple claims, including negligence, bad faith and misfeasance in public office. The Court allowed affected businesses to claim compensation for harm and losses incurred due to the illegal CMOH Orders including punitive damages,” Rath said.

Any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders is now eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers.

The government’s legal team claimed that the COVID orders were put in place on a good faith initiative and that it was Alberta Health Services, not the government, that oversaw enforcement of the rules.

As a result of the court ruling, Alberta Crown Prosecutions Service (ACPS) said Albertans facing COVID-related charges will not be convicted but instead have their charges stayed.

Thus far, Dr. Michal Princ, pizzeria owner Jesse JohnsonScott, and Alberta pastors James Coates,  Tim Stephens, and Artur Pawlowski, who were jailed for keeping churches open under then-Premier Jason Kenney, have had COVID charges against them dropped due to the court ruling.

Under Kenney, thousands of businesses, notably restaurants and small shops, were negatively impacted by severe COVID restrictions, mostly in 2020-21, that forced them to close for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.

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Alberta

Media melts down as Danielle Smith moves to end ‘transitioning’ of children in Alberta

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From LifeSiteNews

By Jonathon Van Maren

After Alberta’s Danielle Smith put forth legislation to protect kids from being gender ‘transitioned,’ the Canadian media went on a predictable melt down, citing ‘experts’ who blatantly lie to advance the LGBT agenda.

A year after announcing her intention to combat transgender ideology and protect children, Alberta Premier Danielle Smith has tabled three pieces of UCP (United Conservative Party) government legislation: 

  • The Education Amendment Act 2024 will require parental consent for “socially transitioning” children under the age of 16 (changing a child’s name or “preferred pronouns”). The bill also gives parents an “opt-in” option for any sexual or content at school. Smith has emphasized that the Alberta Teaching Profession Commission has the power to discipline teachers if they decide to break the law. 
  • The Health Statues Amendment Act 2024 will ban the use of puberty blockers and cross-sex hormones for minors, as well as prohibit sex change surgeries on minors. 
  • The Fairness and Safety in Sport Act will ban trans-identifying men from female sports teams.  

Together, these three bills represent the most definitive pushback against gender ideology in Canada by any premier. Smith’s decision to announce her intent to pursue such legislation and then wait has turned out to be politically savvy—it has given the UCP government a good look at the LGBT response, and during that time the U.K.’s Labour government has successfully fought to maintain a similar ban in the courts and publicly rebutted many of the scare tactics used by LGBT activists.

Smith and the UCP are thus walking into this debate with eyes wide open, and are clearly certain that the public is on their side (it is) and that the legislation can survive the court challenges surely coming from LGBT activists. The policies are clearly popular with the UCP party’s base, who handed Smith a staggering 91.5% approval rating in her leadership review at UCP gathering in Red Deer last Saturday.  

The party also passed 35 policy resolutions, including several that indicate the UCP’s willingness to go further in fighting transgender ideology, with resolutions that would restrict “exclusively female spaces” like bathrooms and changerooms to females and designating transgender surgeries as “elective cosmetic procedures” not funded by the taxpayer. The motions received near-unanimous support.  

The Canadian press, unsurprisingly, is working hard to present policies that the vast majority of Canadians support as an attack on fundamental norms (albeit norms that only surfaced in the last few years and were never presented to voters). Global News ran the headline: “Alberta unveils 3 sweeping bills affecting trans and gender-diverse youth.” It is important to note that the press accepts the premises of transgender ideology as the starting point for their reporting, with heavy usage of nonsensical phrases like “gender-diverse youth,” which implies that there are many genders. 

In fact, Global News and other Canadian outlets trotted out talking points that have been definitively rebutted by the U.K.’s Cass Review and multiple medical studies—in fact, even the New York Times has been reporting on the permanent harms of puberty blockers over the past several years. An example from Global News: 

Alberta parents of gender-diverse youth like Haley Wray believe the new laws will give kids less choice — especially when it comes to health-care that is not permanent but instead, gives kids time to work through their identity struggles. 

‘Hormone blockers are a very valuable tool,’ Wray said, explaining they have a very small window of effectiveness to pause, but not prevent, puberty. ‘It is reversible because nothing changes. And what that does is it allows youth and families to have that that pause, that break to explore further, validate, understand what this means and know that permanent changes aren’t happening.’

Wray believes the proposed legislation will make the province a less safe place for tens of thousands of Alberta kids who aren’t straight. It’s why, Wray says, a growing number of families with transgender children are now grappling with whether Alberta is a place they can stay. ‘I know people who have, and I know people who genuinely feel like there is likely nowhere to go,’ she said. 

This is incorrect. Puberty blockers cause permanent damage, and children may be rendered permanently sterile after taking them for a relatively short period of time. Puberty is not something that can be “paused,” and it frequently causes irreversible rather than reversible damage. Smith and her government understand this, which is why they have decided to pass this legislation—not, as nearly every press outlet claimed, to “target trans youth,” but to protect them. 

The CBC chimed in with sentences like this one: 

Terms like ‘biological female’ and ‘biological male’ can be used to imply that transgender people are still their assigned sex at birth, despite their identity. 

To translate: a scientifically accurate and precise statement is now an ideological one, but inherently ideological language invented by the transgender movement over the past decade is, in fact, technically accurate. People can identify as anything they want; it is irrelevant to their biology. The CBC presents pointing this out as some sort of propagandistic attack on vulnerable people. 

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Jonathon’s writings have been translated into more than six languages and in addition to LifeSiteNews, has been published in the National PostNational ReviewFirst Things, The Federalist, The American Conservative, The Stream, the Jewish Independent, the Hamilton SpectatorReformed Perspective Magazine, and LifeNews, among others. He is a contributing editor to The European Conservative.

His insights have been featured on CTV, Global News, and the CBC, as well as over twenty radio stations. He regularly speaks on a variety of social issues at universities, high schools, churches, and other functions in Canada, the United States, and Europe.

He is the author of The Culture WarSeeing is Believing: Why Our Culture Must Face the Victims of AbortionPatriots: The Untold Story of Ireland’s Pro-Life MovementPrairie Lion: The Life and Times of Ted Byfield, and co-author of A Guide to Discussing Assisted Suicide with Blaise Alleyne.

Jonathon serves as the communications director for the Canadian Centre for Bio-Ethical Reform.

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Alberta

Alberta calling for federal election! Premier Smith demands feds scrap dangerous oil and gas production caps

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Premier Danielle Smith, Minister of Environment and Protected Areas Rebecca Schulz and Minister of Energy and Minerals Brian Jean issued the following statement on the proposed federal oil and gas production cap:

“This production cap will hurt families, hurt businesses and hurt Canada’s economy. We will defend our province, our country and our Constitutional rights.

“Make no mistake, this cap violates Canada’s constitution. Section 92A clearly gives provinces exclusive jurisdiction over non-renewable natural resource development yet this cap will require a one million barrel a day production cut by 2030.

“The evidence is overwhelming. Three reports from reputable firms have shown that these regulations will sucker-punch Canada’s economy, a million barrels cut every day according to S&P Global, $28 billion a year in lost GDP according to Deloitte, and up to 150,000 lost jobs according to the Conference Board of Canada.

“The losses to GDP mean billions a year will disappear from the economy. Billions that won’t be going towards new schools, hospitals and roads, all for a reckless ideological scheme that will not reduce global emissions.

“Ultimately, this cap will lead Alberta and our country into economic and societal decline. The average Canadian family would be left with up to $419 less for groceries, mortgage payments and utilities every month. Canadian parents and workers will suffer while Justin Trudeau outsources the duty to provide safe, affordable, reliable and responsibly produced oil and gas to dictators and less clean producers around the world. We could be the solution. Instead, Ottawa would rather sacrifice our ability to lead.

“Tweaks won’t work. This cap must be scrapped. Alberta’s government is actively exploring the use of every legal option, including a constitutional challenge and the use of the Alberta Sovereignty within a United Canada Act. We will not stand idly by while the federal government sacrifices our prosperity, our constitution and our quality of life for its extreme agenda.”

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