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Alberta

New court application alleges Dr. Deena Hinshaw withheld information

Published

3 years ago

4 minute read

News release from The Justice Centre for Constitutional Freedoms

CALGARY: The Justice Centre says a court application has been filed to compel Dr. Deena Hinshaw to re-attend court for further cross-examination in the constitutional challenge to her lockdown orders. The application alleges that Dr. Hinshaw knowingly withheld evidence from the court regarding her knowledge of the dangers and harms of forced masking on children. The Application is brought jointly by Leighton Grey, Q.C. – on behalf of the Justice Centre for Heights Baptist Church, Northside Baptist Church, Erin Blacklaws, and Tory Tanner – and Jeffrey Rath, counsel for Rebecca Ingram. A court hearing is scheduled for Friday, August 26, 2022, to reopen the case based on new evidence.

The application also requests that the Court require Dr. Hinshaw to produce all of her recommendations to the Kenney government related to her own Covid lockdown orders, as well as to require Dr. Hinshaw to answer all questions which were previously objected to by counsel for the government of Alberta on the basis of Cabinet Confidentiality.

Dr. Hinshaw was cross-examined in the court challenge to her health orders on April 4-7, 2022. Since her cross-examination, in July 2022, documents which Premier Jason Kenney’s cabinet had previously claimed confidentiality over were ordered released to the public by the Honourable Justice Dunlop, on July 13, 2022, in a separate, unrelated court case CM vs. Alberta. The now-public documents contain a memo generated by the Premier’s office, sent to both Premier Kenney and Dr. Hinshaw, regarding lack of evidence to justify forced public masking and the dangers to children from such orders. The Alberta government failed to disclose the existence of these documents in the Ingram case.

According to the Application, the Alberta government-generated memo states that:

  • There is insufficient direct evidence of the effectiveness of face masks in reducing transmission of Covid in educational settings;
  • That there are harmful effects of mask wearing on children; and

That masks can:

  • Disrupt learning;
  • Interfere with children’s social development;
  • Interfere with children’s emotional development;
  • Interfere with children’s speech development;
  • Impair verbal and non-verbal communication;
  • Impair emotional signalling; and
  • Impair facial recognition.

During her cross-examination in April, Dr. Hinshaw was specifically asked whether she was aware of any evidence of harms to elementary school children from being compelled to wear masks. Dr. Hinshaw answered this question before the court in April in the negative. The Application contends Dr. Hinshaw’s answers to this line of questions were false, and that she failed to disclose her knowledge of the harms to children from forced masking.

The application asserts that it is clear that there were a significant number of studies in Dr. Hinshaw’s possession or control which in fact did show evidence of harm to children from forced masking. Dr. Hinshaw’s health orders required forced public masking, including masking of elementary-aged children in all schools.

The government filed a written brief on August 12, 2022, in the CM Case. Contrary to their position and evidence in the Justice Centre case, in that brief, they argue that the CMOH orders were essentially policy decisions and not medical ones. At paragraph 81 they state: “the CMOH, the Public Health Act s. 29 and all resulting orders were cogs in a much larger machine.”

“The Canadian provinces and the country as a whole have been under authoritarian-style rule by health officials for over two years”, states Marty Moore, lawyer at the Justice Centre. “The ongoing scrutiny by the courts of the constitutionality of health official’s unprecedented power remains of the utmost importance to Canadians.”

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Alberta

Alberta takes big step towards shorter wait times and higher quality health care

Published on April 9, 2025

By

From the Fraser Institute

By Nadeem Esmail

On Monday, the Smith government announced that beginning next year it will change the way it funds surgeries in Alberta. This is a big step towards unlocking the ability of Alberta’s health-care system to provide more, better and faster services for the same or possibly fewer dollars.

To understand the significance of this change, you must understand the consequences of the current (and outdated) approach.

Currently, the Alberta government pays a lump sum of money to hospitals each year. Consequently, hospitals perceive patients as a drain on their budgets. From the hospital’s perspective, there’s little financial incentive to serve more patients, operate more efficiently and provide superior quality services.

Consider what would happen if your local grocery store received a giant bag of money each year to feed people. The number of items would quickly decline to whatever was most convenient for the store to provide. (Have a favourite cereal? Too bad.) Store hours would become less convenient for customers, alongside a general decline in overall service. This type of grocery store, like an Alberta hospital, is actually financially better off (that is, it saves money) if you go elsewhere.

The Smith government plans to flip this entire system on its head, to the benefit of patients and taxpayers. Instead of handing out bags of money each year to providers, the new system—known as “activity-based funding”—will pay health-care providers for each patient they treat, based on the patient’s particular condition and important factors that may add complexity or cost to their care.

This turns patients from a drain on budgets into a source of additional revenue. The result, as has been demonstrated in other universal health-care systems worldwide, is more services delivered using existing health-care infrastructure, lower wait times, improved quality of care, improved access to medical technologies, and less waste.

In other words, Albertans will receive far better value from their health-care system, which is currently among the most expensive in the world. And relief can’t come soon enough—for example, last year in Alberta the median wait time for orthopedic surgeries including hip and knee replacements was 66.8 weeks.

The naysayers argue this approach will undermine the province’s universal system and hurt patients. But by allowing a spectrum of providers to compete for the delivery of quality care, Alberta will follow the lead of other more successful universal health-care systems in countries such as Australia, Germany, the Netherlands and Switzerland and create greater accountability for hospitals and other health-care providers. Taxpayers will get a much better picture of what they’re paying for and how much they pay.

Again, Alberta is not exploring an untested policy. Almost every other developed country with universal health care uses some form of “activity-based funding” for hospital and surgical care. And remember, we already spend more on health care than our counterparts in nearly all of these countries yet endure longer wait times and poorer access to services generally, in part because of how we pay for surgical care.

While the devil is always in the details, and while it’s still possible for the Alberta government to get this wrong, Monday’s announcement is a big step in the right direction. A funding model that puts patients first will get Albertans more of the high-quality health care they already pay for in a timelier fashion. And provide to other provinces an example of bold health-care reform.

Nadeem Esmail

Senior Fellow, Fraser Institute
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Alberta

Alberta’s embrace of activity-based funding is great news for patients

Published on April 9, 2025

By

From the Montreal Economic Institute

Alberta’s move to fund acute care services through activity-based funding follows best practices internationally, points out an MEI researcher following an announcement made by Premier Danielle Smith earlier today.

“For too long, the way hospitals were funded in Alberta incentivized treating fewer patients, contributing to our long wait times,” explains Krystle Wittevrongel, director of research at the MEI. “International experience has shown that, with the proper funding models in place, health systems become more efficient to the benefit of patients.”

Currently, Alberta’s hospitals are financed under a system called “global budgeting.” This involves allocating a pre-set amount of funding to pay for a specific number of services based on previous years’ budgets.

Under the government’s newly proposed funding system, hospitals receive a fixed payment for each treatment delivered.

An Economic Note published by the MEI last year showed that Quebec’s gradual adoption of activity-based funding led to higher productivity and lower costs in the province’s health system.

Notably, the province observed that the per-procedure cost of MRIs fell by four per cent as the number of procedures performed increased by 22 per cent.

In the radiology and oncology sector, it observed productivity increases of 26 per cent while procedure costs decreased by seven per cent.

“Being able to perform more surgeries, at lower costs, and within shorter timelines is exactly what Alberta’s patients need, and Premier Smith understands that,” continued Mrs. Wittevrongel. “Today’s announcement is a good first step, and we look forward to seeing a successful roll-out once appropriate funding levels per procedure are set.”

The governments expects to roll-out this new funding model for select procedures starting in 2026.

* * *

The MEI is an independent public policy think tank with offices in Montreal, Ottawa, and Calgary. Through its publications, media appearances, and advisory services to policymakers, the MEI stimulates public policy debate and reforms based on sound economics and entrepreneurship.

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