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Alberta

JCCF urges Government to amend Alberta’s Public Health act to protect freedoms

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From the Justice Centre for Constitutional Freedoms (JCCF)

Legislative Proposals: Protecting citizens’ freedoms during a public health emergency

Without amendments to Alberta’s Public Health Act, Alberta’s Chief Medical Officer of Health (CMOH) is now in a position to exercise near-absolute power over the lives of millions of Albertans, for an indefinite period of time, if he or she determines that a public health emergency exists.  This dangerous situation has been exposed as the result of the Alberta Court of King’s Bench interpretation of the Public Health Act in Ingram v. Alberta (Chief Medical Officer of Health), 2020 ABQB 806 (CanLII).

Two aspects of the Public Health Act, as interpreted in the Ingram court ruling, are particularly troubling.

First, the Court ruled that elected representatives should have no effective oversight over health orders that violate the fundamental Charter freedoms of conscience, religion, expression, association and peaceful assembly.  Implicitly, the Court appears to have ruled that the CMOH may, without any oversight from legislators, also violate the Charter right to bodily autonomy and privacy by way of vaccine mandates, which impose second-class citizenship on those who decline to get injected.

Second, the Court in its lengthy Ingram ruling fails to mention, let alone analyze, the abundant evidence placed before it about the massive harms that lockdowns inflicted on citizens.  Without bothering to review the evidence of serious harms to the mental, physical, psychological, spiritual and financial well-being of vulnerable people, Justice Barbara Romaine simply states her general impression that the health orders that violated Charter freedoms had salutary benefits that outweighed their deleterious effects.  This is an abject failure of the Court to apply Section 1 of the Charter, which requires judges to insist that governments justify any violation of Charter rights and freedoms “demonstrably” with persuasive evidence.  

Justice Romaine did not properly apply the test laid down by the Supreme Court of Canada in R. v. Oakes, 1986 CanLII 46 (SCC), which includes a requirement that governments show that their violations of Charter rights and freedoms are actually doing more good than harm.

Declaring oneself to be the sole purveyor of “science” is contrary to science itself, because science is a process requiring humility, love for truth, inquiry, transparency and honest debate.  It should not take a court action to obtain the actual information that governments rely on to justify restrictions on Charter freedoms; this info should be available to the public in real time.

The way to protect Albertans from medical tyranny is to amend the Public Health Act and other legislation such that the CMOH will be required to respect the scientific process of inquiry and debate, by transparently providing the public with all relevant scientific information and by facilitating wholesome and necessary debate about the costs and the benefits of any lockdown measures that violate any of our fundamental Charter rights and freedoms.

During the time of lockdowns and vaccine passports, the Alberta Government disregarded the constitutional principle of democratic accountability.  Our constitution requires that prospective laws be debated, and come into force only after approval by a vote of elected representatives who are accountable to the people.  For the better part of three years, MLAs abandoned to a significant degree their constitutional authority to make laws.  MLAs refused to accept responsibility for the restrictions that drove many Albertans into unemployment, poverty, debt, bankruptcy, isolation, loneliness, depression and despair.  Instead, while still retaining and exercising ultimate authority over lockdown measures (a key point in the Ingram decision), Alberta’s cabinet empowered the CMOH to speak new laws into force at news conferences.  Accorded a level of deference akin to that enjoyed by medieval monarchs, the CMOH was not required to answer questions from elected representatives about the wisdom, the rationale or the consequences of ever-changing health orders.

To ensure that these egregious violations of civil liberties, human rights and constitutional freedoms do not occur in Alberta again, legislative reforms are in order.

Alberta’s Public Health Act should be amended to require that the CMOH disclose to the public at all times the specific assumptions, data, and sources for any modelling and for all health orders.  The declaration of a public health emergency should be subjected to a free vote of the legislature, taken only after a thorough debate.  The public health emergency should automatically expire 30 days after the vote, renewable for further 30-day periods only by subsequent votes, with each such vote taking place only after ample opportunity for public debate, both inside and outside of the Legislature.

The CMOH should be required by the Public Health Act to appear weekly before an all-party committee of MLAs, to answer questions and to provide information as may be requested, including all data, assumptions, studies and reports on which the CMOH is relying.  If restrictions on Charter freedoms are truly based on sound evidence, then those who propose or impose these restrictions have nothing to fear from transparency and accountability.

Alberta’s Public Health Act should require the government to subject public health regulations and orders to an ongoing and comprehensive cost-benefit analysis.  The government’s monthly reports should measure, explain and report on the specific impact of public health orders on mental health (alcoholism, drug overdoses, depression, spousal abuse, child abuse, suicide), on physical health (cancer, obesity, all-cause mortality) and on unemployment, bankruptcies, homelessness, and public debt.  The government should also be required by law to monitor closely the quality of care received by seniors in long-term care facilities, including their right to receive frequent in-person visits from loved ones.

The right of every individual to choose to receive or not receive medical treatments (including a vaccine) should be added to the Alberta Human Rights Act by adding “medical status” as a prohibited ground of discrimination.

In order to ensure that scientific debate and inquiry are fully respected, legislation should require the College of Physicians and Surgeons of Alberta to respect fully the right of all doctors to research, write and speak freely.  Doctors should not have to fear adverse consequences for expressing heterodox opinions about medical topics, or any other topics.  Further, the Colleges must respect the doctor-patient relationship by neither compelling doctors to prescribe treatments nor prohibiting doctors from prescribing treatments.  Doctors should not be conscripted into providing patients with a treatment regime that violates the doctor-patient relationship, including fully informed consent on the part of the patient. 

Alberta’s Public Health Act should also provide that, upon conclusion of a public health emergency, a public inquiry must take place to review the government’s emergency-related policies, regulations and health orders, to determine what harms and what benefits resulted.

In light of the failure of courts in Alberta to uphold and protect our Charter rights and freedoms during a public health emergency, these legislative reforms are sadly necessary to protect Albertans from suffering egregious violations of their Charter rights and freedoms in future.

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Alberta

Big win for Alberta and Canada: Statement from Premier Smith

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Premier Danielle Smith issued the following statement on the April 2, 2025 U.S. tariff announcement:

“Today was an important win for Canada and Alberta, as it appears the United States has decided to uphold the majority of the free trade agreement (CUSMA) between our two nations. It also appears this will continue to be the case until after the Canadian federal election has concluded and the newly elected Canadian government is able to renegotiate CUSMA with the U.S. administration.

“This is precisely what I have been advocating for from the U.S. administration for months.

“It means that the majority of goods sold into the United States from Canada will have no tariffs applied to them, including zero per cent tariffs on energy, minerals, agricultural products, uranium, seafood, potash and host of other Canadian goods.

“There is still work to be done, of course. Unfortunately, tariffs previously announced by the United States on Canadian automobiles, steel and aluminum have not been removed. The efforts of premiers and the federal government should therefore shift towards removing or significantly reducing these remaining tariffs as we go forward and ensuring affected workers across Canada are generously supported until the situation is resolved.

“I again call on all involved in our national advocacy efforts to focus on diplomacy and persuasion while avoiding unnecessary escalation. Clearly, this strategy has been the most effective to this point.

“As it appears the worst of this tariff dispute is behind us (though there is still work to be done), it is my sincere hope that we, as Canadians, can abandon the disastrous policies that have made Canada vulnerable to and overly dependent on the United States, fast-track national resource corridors, get out of the way of provincial resource development and turn our country into an independent economic juggernaut and energy superpower.”

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Alberta

Energy sector will fuel Alberta economy and Canada’s exports for many years to come

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From the Fraser Institute

By Jock Finlayson

By any measure, Alberta is an energy powerhouse—within Canada, but also on a global scale. In 2023, it produced 85 per cent of Canada’s oil and three-fifths of the country’s natural gas. Most of Canada’s oil reserves are in Alberta, along with a majority of natural gas reserves. Alberta is the beating heart of the Canadian energy economy. And energy, in turn, accounts for one-quarter of Canada’s international exports.

Consider some key facts about the province’s energy landscape, as noted in the Alberta Energy Regulator’s (AER) 2023 annual report. Oil and natural gas production continued to rise (on a volume basis) in 2023, on the heels of steady increases over the preceding half decade. However, the dollar value of Alberta’s oil and gas production fell in 2023, as the surging prices recorded in 2022 following Russia’s invasion of Ukraine retreated. Capital spending in the province’s energy sector reached $30 billion in 2023, making it the leading driver of private-sector investment. And completion of the Trans Mountain pipeline expansion project has opened new offshore export avenues for Canada’s oil industry and should boost Alberta’s energy production and exports going forward.

In a world striving to address climate change, Alberta’s hydrocarbon-heavy energy sector faces challenges. At some point, the world may start to consume less oil and, later, less natural gas (in absolute terms). But such “peak” consumption hasn’t arrived yet, nor does it appear imminent. While the demand for certain refined petroleum products is trending down in some advanced economies, particularly in Europe, we should take a broader global perspective when assessing energy demand and supply trends.

Looking at the worldwide picture, Goldman Sachs’ 2024 global energy forecast predicts that “oil usage will increase through 2034” thanks to strong demand in emerging markets and growing production of petrochemicals that depend on oil as the principal feedstock. Global demand for natural gas (including LNG) will also continue to increase, particularly since natural gas is the least carbon-intensive fossil fuel and more of it is being traded in the form of liquefied natural gas (LNG).

Against this backdrop, there are reasons to be optimistic about the prospects for Alberta’s energy sector, particularly if the federal government dials back some of the economically destructive energy and climate policies adopted by the last government. According to the AER’s “base case” forecast, overall energy output will expand over the next 10 years. Oilsands output is projected to grow modestly; natural gas production will also rise, in part due to greater demand for Alberta’s upstream gas from LNG operators in British Columbia.

The AER’s forecast also points to a positive trajectory for capital spending across the province’s energy sector. The agency sees annual investment rising from almost $30 billion to $40 billion by 2033. Most of this takes place in the oil and gas industry, but “emerging” energy resources and projects aimed at climate mitigation are expected to represent a bigger slice of energy-related capital spending going forward.

Like many other oil and gas producing jurisdictions, Alberta must navigate the bumpy journey to a lower-carbon future. But the world is set to remain dependent on fossil fuels for decades to come. This suggests the energy sector will continue to underpin not only the Alberta economy but also Canada’s export portfolio for the foreseeable future.

Jock Finlayson

Senior Fellow, Fraser Institute
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