Hinshaw challenged over violating Charter freedoms of Albertans

Todayville Calgary

Published

4 years ago

6 minute read

Originally published on October 29, 2020 by The Justice Centre for Constitutional Freedoms

CALGARY: The Justice Centre today responded to new violations of the Charter-protected freedoms of association and peaceful assembly, announced earlier this week by Dr. Deena Hinshaw, Alberta’s Chief Medical Officer.

On October 26, Dr. Hinshaw declared that Albertans in Calgary and Edmonton cannot gather in groups larger than 15 for dinner parties, birthday parties, wedding and funeral receptions, retirement parties, baby showers and other social events.

“This Order violates freedom of association and freedom of peaceful assembly, as protected by the Canadian Charter of Rights and Freedoms,” stated lawyer John Carpay, president of the Justice Centre.

“This Order is based on ‘cases’ of COVID-19 in Alberta, including thousands of ‘cases’ among people who are not experiencing any symptoms or illness. This Order is not properly grounded in relevant considerations such as deaths, hospitalizations, and ICU capacity, and is therefore not a justifiable violation of fundamental Charter freedoms,” continued Carpay.

Prior to lockdowns being imposed this past March, the word “cases” typically referred to people who are actually sick and clearly displaying symptoms. But today’s “cases” include completely healthy people who simply had a positive PCR test. The reliability of the PCR tests is increasingly in dispute, with the number of false positives as high as 90% according to some reports.

Unsurprisingly, the number of “cases” rises with the number of tests that governments conduct. For example, September saw 28,763 “cases” in Canada, as a result of testing almost two million Canadians.

“What really matters is not the ‘cases’ of perfectly healthy people, but rather the fact that 25,000 Canadians die each month,” explained Carpay. “In September, 171 of those 25,000 Canadian deaths were attributed to COVID-19.”

The media continues to hype “cases” and warn of a “second wave.” Yet government data
shows that since May, monthly COVID-19 deaths in Alberta have remained under 50, with more than 2,000 Albertans dying each and every month of other causes, based on 27,000 Albertans dying each year. Deaths peaked in April and May, when 134 Albertans died along with about 4,000 Albertans who died in those same two months from other causes.

In Alberta and elsewhere, COVID-19 significantly threatens elderly people with one, two, three or more serious pre-existing health conditions, as well as a very small number of adults under 60. However, COVID-19 does not have a significant impact on overall life expectancy. The average age of those reported as COVID deaths in Alberta is 83. Life expectancy in Alberta is 82. To date, 309 Albertans, predominantly elderly near the final stages of their life, have died of COVID-19, almost all of them with one or more serious comorbidities.

“Government data shows that COVID-19 is not the unusually deadly killer that Premier Kenney and Dr. Hinshaw made it out to be when they claimed in April that—even with lockdown measures in place—as many as 32,000 Albertans would die of the virus,” stated Carpay.

“Politicians claim that the lockdowns saved many lives, but they have yet to put forward actual evidence that might support their speculation and conjecture,” stated Carpay.

“Each of Alberta’s 309 COVID-19 deaths is sad and tragic, and so are the other 26,917 deaths that occur in Alberta each year,” continued Carpay.

Each and every month, Albertans mourn the passing of over 2,000 friends and family members, who die of cancer, car accidents, alcoholism, drug overdoses, suicide, heart disease, delayed surgeries, and many other causes. In the past seven months more than 14,000 Albertans have died, 309 of the virus and the remainder of other causes.

Since March, lockdown harms such as increase in drug overdoses, which kill more Albertans than COVID-19 does, have been either ignored or accepted, as if dying of COVID-19 is somehow worse than dying of another cause.

“In light of the Alberta government’s own data on COVID-19 deaths, there is no rational basis for forcing all Albertans to continue living in fear,” stated Carpay.

“Alberta’s politicians and health officials should focus their attention on protecting those who are at serious risk from COVID-19, rather than violating the Charter freedoms of the entire population,” stated Carpay.

“Albertans, and all Canadians, should exercise their freedom of association and freedom of peaceful assembly without fear of prosecution or penalty. This is especially true for the young, who are at more risk of being struck by lightning than dying of COVID,” concluded Carpay.

Source: https://www.jccf.ca

Related Topics:JCCF Justice Centre for Constitutional Freedoms

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Premier Smith says Auto Insurance reforms may still result in a publicly owned system

Published on November 21, 2024

Government of Alberta

Better, faster, more affordable auto insurance

Alberta’s government is introducing a new auto insurance system that will provide better and faster services to Albertans while reducing auto insurance premiums.

After hearing from more than 16,000 Albertans through an online survey about their priorities for auto insurance policies, Alberta’s government is introducing a new privately delivered, care-focused auto insurance system.

Right now, insurance in the province is not affordable or care focused. Despite high premiums, Albertans injured in collisions do not get the timely medical care and income support they need in a system that is complex to navigate. When fully implemented, Alberta’s new auto insurance system will deliver better and faster care for those involved in collisions, and Albertans will see cost savings up to $400 per year.

“Albertans have been clear they need an auto insurance system that provides better, faster care and is more affordable. When it’s implemented, our new privately delivered, care-centred insurance system will put the focus on Albertans’ recovery, providing more effective support and will deliver lower rates.”

Danielle Smith, Premier

“High auto insurance rates put strain on Albertans. By shifting to a system that offers improved benefits and support, we are providing better and faster care to Albertans, with lower costs.”

Nate Horner, President of Treasury Board and Minister of Finance

Albertans who suffer injuries due to a collision currently wait months for a simple claim to be resolved and can wait years for claims related to more serious and life-changing injuries to addressed. Additionally, the medical and financial benefits they receive often expire before they’re fully recovered.

Under the new system, Albertans who suffer catastrophic injuries will receive treatment and care for the rest of their lives. Those who sustain serious injuries will receive treatment until they are fully recovered. These changes mirror and build upon the Saskatchewan insurance model, where at-fault drivers can be sued for pain and suffering damages if they are convicted of a criminal offence, such as impaired driving or dangerous driving, or conviction of certain offenses under the Traffic Safety Act.

Work on this new auto insurance system will require legislation in the spring of 2025. In order to reconfigure auto insurance policies for 3.4 million Albertans, auto insurance companies need time to create and implement the new system. Alberta’s government expects the new system to be fully implemented by January 2027.

In the interim, starting in January 2025, the good driver rate cap will be adjusted to a 7.5% increase due to high legal costs, increasing vehicle damage repair costs and natural disaster costs. This protects good drivers from significant rate increases while ensuring that auto insurance providers remain financially viable in Alberta.

Albertans have been clear that they still want premiums to be based on risk. Bad drivers will continue to pay higher premiums than good drivers.

By providing significantly enhanced medical, rehabilitation and income support benefits, this system supports Albertans injured in collisions while reducing the impact of litigation costs on the amount that Albertans pay for their insurance.

“Keeping more money in Albertans’ pockets is one of the best ways to address the rising cost of living. This shift to a care-first automobile insurance system will do just that by helping lower premiums for people across the province.”

Nathan Neudorf, Minister of Affordability and Utilities

Quick facts

Alberta’s government commissioned two auto insurance reports, which showed that legal fees and litigation costs tied to the province’s current system significantly increase premiums.
A 2023 report by MNP shows

Alberta

Alberta fiscal update: second quarter is outstanding, challenges ahead

Published on November 21, 2024

Government of Alberta

Alberta maintains a balanced budget while ensuring pressures from population growth are being addressed.

Alberta faces rising risks, including ongoing resource volatility, geopolitical instability and rising pressures at home. With more than 450,000 people moving to Alberta in the last three years, the province has allocated hundreds of millions of dollars to address these pressures and ensure Albertans continue to be supported. Alberta’s government is determined to make every dollar go further with targeted and responsible spending on the priorities of Albertans.

The province is forecasting a $4.6 billion surplus at the end of 2024-25, up from the $2.9 billion first quarter forecast and $355 million from budget, due mainly to higher revenue from personal income taxes and non-renewable resources.

Given the current significant uncertainty in global geopolitics and energy markets, Alberta’s government must continue to make prudent choices to meet its responsibilities, including ongoing bargaining for thousands of public sector workers, fast-tracking school construction, cutting personal income taxes and ensuring Alberta’s surging population has access to high-quality health care, education and other public services.

“These are challenging times, but I believe Alberta is up to the challenge. By being intentional with every dollar, we can boost our prosperity and quality of life now and in the future.”

Nate Horner, President of Treasury Board and Minister of Finance

Midway through 2024-25, the province has stepped up to boost support to Albertans this fiscal year through key investments, including:

$716 million to Health for physician compensation incentives and to help Alberta Health Services provide services to a growing and aging population.
$125 million to address enrollment growth pressures in Alberta schools.
$847 million for disaster and emergency assistance, including:
- $647 million to fight the Jasper wildfires
- $163 million for the Wildfire Disaster Recovery Program
- $5 million to support the municipality of Jasper (half to help with tourism recovery)
- $12 million to match donations to the Canadian Red Cross
- $20 million for emergency evacuation payments to evacuees in communities impacted by wildfires
$240 million more for Seniors, Community and Social Services to support social support programs.

Looking forward, the province has adjusted its forecast for the price of oil to US$74 per barrel of West Texas Intermediate. It expects to earn more for its crude oil, with a narrowing of the light-heavy differential around US$14 per barrel, higher demand for heavier crude grades and a growing export capacity through the Trans Mountain pipeline. Despite these changes, Alberta still risks running a deficit in the coming fiscal year should oil prices continue to drop below $70 per barrel.

After a 4.4 per cent surge in the 2024 census year, Alberta’s population growth is expected to slow to 2.5 per cent in 2025, lower than the first quarter forecast of 3.2 per cent growth because of reduced immigration and non-permanent residents targets by the federal government.

Revenue

Revenue for 2024-25 is forecast at $77.9 billion, an increase of $4.4 billion from Budget 2024, including:

$16.6 billion forecast from personal income taxes, up from $15.6 billion at budget.
$20.3 billion forecast from non-renewable resource revenue, up from $17.3 billion at budget.

Expense

Expense for 2024-25 is forecast at $73.3 billion, an increase of $143 million from Budget 2024.

Surplus cash

After calculations and adjustments, $2.9 billion in surplus cash is forecast.

$1.4 billion or half will pay debt coming due.
The other half, or $1.4 billion, will be put into the Alberta Fund, which can be spent on further debt repayment, deposited into the Alberta Heritage Savings Trust Fund and/or spent on one-time initiatives.

Contingency

Of the $2 billion contingency included in Budget 2024, a preliminary allocation of $1.7 billion is forecast.

Alberta Heritage Savings Trust Fund

The Alberta Heritage Savings Trust Fund grew in the second quarter to a market value of $24.3 billion as of Sept. 30, 2024, up from $23.4 billion at the end of the first quarter.

The fund earned a 3.7 per cent return from July to September with a net investment income of $616 million, up from the 2.1 per cent return during the first quarter.

Debt

Taxpayer-supported debt is forecast at $84 billion as of March 31, 2025, $3.8 billion less than estimated in the budget because the higher surplus has lowered borrowing requirements.