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Alberta

Lawyers ask Alberta court to allow businesses to seek damages from gov’t for COVID shutdown

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8 minute read

 From LifeSiteNews

By Anthony Murdoch

If the case is allowed to proceed, any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders would be eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers, which ironically includes the business owners themselves.

Alberta business owners who faced massive losses or permanent closures due to COVID mandates might soon be able to proceed with a class-action lawsuit against the provincial government after lawyers representing the businesses were in court for a certification hearing.

The court heard from the business group’s lawyers regarding the lawsuit proposal, which comes from Alberta-based Rath & Company. 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.”

Well-known freedom-oriented constitutional lawyer Eva Chipiuk was with Rath in court for the certification hearing. In an X post on October 3, she shared that it was an “interesting two days in court arguing on behalf of businesses impacted by Alberta’s public health orders.”

“In the heart of democratic societies lies a fundamental principle: Justice must not only be done but must also be seen to be done. When justice systems operate in the open, public trust is maintained. People need to witness fairness, impartiality, and due process in action,” she wrote.

“When governments operate in the light of public scrutiny, they uphold not just the law but the trust of their citizens, ensuring that governance is not just a mechanism of power but a beacon of justice and equality.”

Chipiuk shared that a decision on whether or not the lawsuit will be allowed to proceed will be coming in a few months. She noted it will be “interesting how the judge decides in this case.”

“And will be very interesting how the government responds. They had an opportunity to get ahead of this issue but chose not to. We shall see if they took the right path or if they will be catching up and making up later,” she said.

Alberta Justice Colin Feasby noted at the end of the court certification hearing that both sides made good arguments, but the earliest a decision would be ready is December 1.

Chipiuk and Rath told the judge that the government’s public health orders exceeded their legal authority and, as a result, all businesses affected by the COVID orders should be compensated.

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.

If the case is allowed to proceed, any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders would be eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers, which ironically includes the business owners themselves.

The Alberta Court of King’s Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province, which in effect has allowed the class action to get this far.

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.

Class action is about ‘accountability, transparency, and justice,’ lawyer says

Before the hearing, Chipiuk said it is crucial for the public to “understand the significant impact of the unlawful public health orders on Albertans. The financial, psychological, and tragic consequences cannot be ignored.”

“At the end of the day, Premier Smith must recognize the gravity and optics of this situation. Fighting against those harmed by the Province’s unlawful orders, while the Province heavily favored the public sector over the private sector, does not foster an environment that encourages entrepreneurs or promotes business and investment in Alberta,” she wrote on X.

“This case calls for accountability, transparency, and justice. The Province must acknowledge the devastation caused by its illegal actions and stop evading responsibility. This case also presents an opportunity for Premier Smith to demonstrate to Albertans that government overreach will not go unnoticed, and those harmed by it will be compensated — principles that align with the proposed amendments to the Alberta Bill of Rights.”

Danielle Smith took over the United Conservative Party (UCP) on October 11, 2022, after winning the leadership. Kenney was ousted due to low approval ratings and for reneging on promises not to lock Alberta down as well as enacting a vaccine passport.

Smith, however, has been mum on the class action as well as other lawsuits against the government that are in the works. She has promised that changes will be coming to the Alberta Bill of Rights that she said will offer Albertans more protections against government overreach.

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Alberta

Fraser Institute: Time to fix health care in Alberta

Published on

From the Fraser Institute

By Bacchus Barua and Tegan Hill

Shortly after Danielle Smith was sworn in as premier, she warned Albertans that it would “be a bit bumpy for the next 90 days” on the road to health-care reform. Now, more than two years into her premiership, the province’s health-care system remains in shambles.

According to a new report, this year patients in Alberta faced a median wait of 38.4 weeks between seeing a general practitioner and receiving medically necessary treatment. That’s more than eight weeks longer than the Canadian average (30.0 weeks) and more than triple the 10.5 weeks Albertans waited in 1993 when the Fraser Institute first published nationwide estimates.

In fact, since Premier Smith took office in 2022, wait times have actually increased 15.3 per cent.

To be fair, Premier Smith has made good on her commitment to expand collaboration with the private sector for the delivery of some public surgeries, and focused spending in critical areas such as emergency services and increased staffing. She also divided Alberta Health Services, arguing it currently operates as a monopoly and monopolies don’t face the consequences when delivering poor service.

While the impact of these reforms remain largely unknown, one thing is clear: the province requires immediate and bold health-care reforms based on proven lessons from other countries (e.g. Australia and the Netherlands) and other provinces (e.g. Saskatchewan and Quebec).

These reforms include a rapid expansion of contracts with private clinics to deliver more publicly funded services. The premier should also consider a central referral system to connect patients to physicians with the shortest wait time in their area in public or private clinics (while patients retain the right to wait longer for the physician of their choice). This could be integrated into the province’s Connect Care system for electronic patient records.

Saskatchewan did just this in the early 2010s and moved from the longest wait times in Canada to the second shortest in just four years. (Since then, wait times have crept back up with little to no expansion in the contracts with private clinics, which was so successful in the past. This highlights a key lesson for Alberta—these reforms are only a first step.)

Premier Smith should also change the way hospitals are paid to encourage more care and a more patient-focused approach. Why?

Because Alberta still generally follows an outdated approach to hospital funding where hospitals receive a pre-set budget annually. As a result, patients are seen as “costs” that eat into the hospital budget, and hospitals are not financially incentivized to treat more patients or provide more rapid access to care (in fact, doing so drains the budget more rapidly). By contrast, more successful universal health-care countries around the world pay hospitals for the services they provide. In other words, by making treatment the source of hospital revenue, hospitals provide more care more rapidly to patients and improve the quality of services overall. Quebec is already moving in this direction, with other provinces also experimenting.

The promise of a “new day” for health care in Alberta is increasingly looking like a pipe dream, but there’s still time to meaningfully improve health care for Albertans. To finally provide relief for patients and their families, Premier Smith should increase private-sector collaboration, create a central referral system, and change the way hospitals are funded.

Bacchus Barua

Director, Health Policy Studies, Fraser Institute

Tegan Hill

Director, Alberta Policy, Fraser Institute
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Alberta

Your towing rights! AMA unveils measures to help fight predatory towing

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From the Alberta Motor Association

Know Before the Tow: Towing Rights in Alberta

Predatory towing is a growing concern in major cities across the province. The Alberta Motor
Association (AMA), in partnership with the Calgary Police Service and Calgary Fire Department,
wants to ensure Albertans are not only aware of this emerging issue but also know how to stop
it.

Today, AMA launches Know Before the Tow—a new, provincewide awareness campaign that
empowers Albertans with the knowledge needed to stay confident and in control when faced with
a tow scam. The campaign features a list of five key towing rights that every Alberta driver should
know:

1. You have the right to refuse unsolicited towing services.
2. You have the right to choose who tows your vehicle, and where, unless
otherwise directed by police.
3. You have the right to access your vehicle to retrieve personal items during a
storage facility’s business hours.
4. You have the right to ask if the towing company receives a kickback for taking
your vehicle to a particular storage facility or repair shop.
5. You have the right to a quote prior to service, and an itemized invoice prior to
making payment.

“Being in a collision or broken down at the roadside is stressful enough; the last thing any Albertan
needs is high pressure from an unscrupulous tower,” says Jeff Kasbrick, Vice-President,
Advocacy and Operations, AMA. “These towing rights are clear and remind every Albertan that
they’re in the driver’s seat when it comes to who they choose to tow their vehicle.”

Edmonton and Calgary in particular are seeing increasing reports of predatory towing. Unethical
operators will arrive at a collision or breakdown scene uninvited, create a false sense of urgency
to remove the vehicle, and ultimately leave drivers facing huge fees.

Starting today, Albertans can visit ama.ab.ca/KnowBeforeTheTow to download a digital copy of
their towing rights, helping them feel confident if faced with a tow scam. And soon, all AMA centres
will offer free print versions, which are small enough to tuck in a glovebox.

“Alberta’s towing industry is still highly reputable, with the vast majority of operators committed
to fair and professional service. In fact, AMA and our roadside assistance network is proud to
represent 80% of all private-passenger tows in the province, so our members can be confident
that we’ll always protect them—just as we have for nearly 100 years,” says Kasbrick.

“By knowing your rights and choosing trusted providers like AMA, you can avoid unnecessary
stress, costs, and uncertainty. Because the road to recovery after a collision shouldn’t have to
include fighting for your vehicle.”

Sergeant Brad Norman, Calgary Police Service Traffic Section, says law enforcement continues
to work diligently with first responders and community partners like AMA to put the brakes on
predatory towers, who “are showing up at collision sites and pressuring overwhelmed and
frightened victims into paying high towing rates.”

“Our priority is to ensure the safety of collision victims, the public, and first responders at
collision sites. Part of this effort is educating motorists about their rights so that they Know
Before the Tow that they can say no to unsolicited towing services and choose a reputable
tower of their choice instead,” says Norman. “No one deserves to be taken advantage of after
being involved in a collision.”

To learn more, and to view an expanded version of Alberta towing rights, visit
ama.ab.ca/KnowBeforeTheTow

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