Alberta
Justice Centre urges amending Public Health Act to protect Charter rights and freedoms
From the Justice Centre for Constitutional Freedoms
The Justice Centre has submitted to Alberta Premier Danielle Smith and all MLAs a proposal for amending Alberta’s Public Health Act. The proposed amendments would empower MLAs to hold the Chief Medical Officer of Health to account for any laws or health orders that violate the Charter rights and freedoms of Albertans.
Without major amendments to Alberta’s Public Health Act, Alberta’s Chief Medical Officer of Health (CMOH) is now positioned 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 by the recent Alberta Court of King’s Bench ruling in Ingram v. Alberta.
Two aspects of the Ingram ruling are particularly troubling.
First, the Court ruled in Ingram that elected representatives should have no effective oversight over CMOH orders that violate the fundamental Charter freedoms of conscience, religion, expression, association and peaceful assembly. The CMOH can also violate the Charter rights to privacy and bodily autonomy by imposing mandatory vaccination policies, turning Albertans into second-class citizens if they decide not to get injected with whatever the CMOH may wish them to get injected with.
Second, the Ingram ruling ignores the abundant evidence placed before the Court about the significant harms that lockdowns inflicted on citizens. Without considering the harms to the mental, physical, psychological, spiritual and financial well-being of vulnerable Albertans, Justice Barbara Romaine simply states her general impression that the health orders that violated Charter freedoms had salutary benefits that outweighed their deleterious effects.
In short, the Court has interpreted the currently worded Public Health Act as providing virtually unlimited powers to an unelected and unaccountable CMOH to violate Charter rights and freedoms at will, without oversight by elected representatives. Through Ingram, the Court has also sent a clear signal to the CMOH that they need not think much about the harm and suffering that her lockdowns and vaccine mandates might inflict on vulnerable people; no serious cost-benefit analysis will be required by the Court. This is reality in Alberta today, post-Ingram.
“The only viable way to protect Albertans’ Charter rights and freedoms is to amend the Public Health Act such that it provides for transparency, democratic accountability, respect for science, and respect for human rights and constitutional freedoms,” stated lawyer John Carpay, president of the Justice Centre.
“In light of the failure of courts in Alberta to uphold and protect our Charter rights and freedoms during a public health emergency, these changes to the Public Health Act and Alberta Human Rights Act are sadly necessary,” continued Carpay.
Read the complete Legislative Proposals here.
From the YouTube channel of Alberta Premier Danielle Smith
Members of the media join Premier Danielle Smith for a round table on January 21, 2025.
Yakk Stack By Sheldon Yakiwchuk
Prior to Trumps inauguration event and announcement was made that Trump would not be imposing the 25% tariffs…
Which means, Canada seriously dodged a bullet here.
And while the Liberals will most likely frame this as, their success in showing, Bad Orange Man, that they’re tough and ready to burn down what is left of our economy, throwing Alberta under the bus, first…through a nuclear option…
Premier Smith rode this challenge out like the true champion we knew that she would be.
It’s hard to say if this was a legality matter in the grander scheme…or if the 25% tariffs would have truly been as big of an impact on the US…
One thing is clear, however…
Smith was ready to go to the tables with the Trump administration and opt for diplomacy over threats…which should be what we expect from our leaders.
And should these 25% tariffs have gone through…I’m more than sure a Plan B would have been brought out in civil conversations, over screeching rhetoric.
“She’s treasonous”, they screeched.
“She’s supporting her friends in Oil and Gas”, they relent.
“She should put Canada first”, they echo…
And let’s just address these…
Is Walmart beholden to Campbells soup? Fruit of the Loom? Kraft?
Or does Walmart sell products that helps keep their doors open?
Walmart is not beholden to any product…just like Premier Smith isn’t. We have 26% of our GDP – the largest portion – owed to Alberta O&G, something that we have a limited trade partner with, due to the Liberal – Anti-Alberta/Anti-O&G/Anti-Pipeline attitude that wants to spend us further in debt with unreliable and expensive “Renewables”.
What does Alberta get from renewables?
A higher cost for energy, in an affordability crisis, created by the same people who continue to push them…sounds like a terrible deal, for Albertans, and something a true leader would Not Favor.
When Walmart sits down to hash out a deal with Heinz, are they committing treason because they haven’t shown their allegiance to their own, ‘Great Value’ brand Ketchup?
No…other provinces have their own industries and resources, which they are free to continue developing independent of the federal government, as is suitable and supportive of their own economies…Alberta isn’t competing with them, nor Canada as a whole.
Alberta through industry and resource, actually supports Canada through a grand imbalance on “Equalization Payments”…
As do we through paying 50% more into the Canada Pension Plan, than we actually get out of the Canada Pension Plan…to the tune of a $334 Billion Dollars.
And as for this “Team Canada”, horseshit…
The title Premier of Alberta, should hold some clues as to who Premier Smith should be advocating for…as she is the Premier of Alberta and Not the Prime Minister, nor leader in the Liberal Party that has created this fiasco, to begin with.
Rail, as they may…other provinces can’t cast a vote in her support, either way…
None of the other provinces, through Members of Parliament, nor through Premiers, came to support Alberta and our economy through a number of Federal Bills that railed on our provincial resources…
Worse yet…these hypocrites cash cheques from our province, while telling us how to diversify our economy…to which I’d state one thing unequivocally…
If we wanted to be a Have Not Province…like you are…we’ll come and ask you for your advice.
Until then…
I’ll hold my Alberta Flag Higher than my Canadian…
And be proud today, of having the only Premier in the country of Canada, worthy of any praise today!
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