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Alberta

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

Published

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.

Alberta

Before Trudeau Blames Alberta, Perhaps He Should Look in the Mirror

Published on

From EnergyNow.ca

By William Lacey

There has been a lot of talk about how Premier Danielle Smith did not sign a statement of support with the Government of Canada regarding a unified response to any tariff action taken by incoming President of the United States, Donald Trump.

Trudeau singles out Alberta premier for not putting ‘Canada first’ in break with other provinces

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While it is easy to throw stones at Premier Smith and call her actions one of selfishness, placing the interests of Alberta ahead of Canada, I think there are a number of reasons why one could reply that she was well within her right to act as she did. Over the last decade, Trudeau has gone out of his way to vilify the oil and gas industry, through his continual bad mouthing of the industry as being antiquated, and implementing policies that ensured that capital flight from the space accelerated, infrastructure projects were cancelled and massive levels of uncertainty were overlaid on the investment landscape going forward. Despite all this, the oil and gas sector still remains one of the most important economic contributors to the economy and is the largest component of exports from Canada to the United States, and it isn’t even close.

The Observatory of Economic Complexity (OEC)

The ironic thing of all this? To get oil to the refineries in the east, you need to IMPORT it by pipeline from the United States or primarily by ship to Quebec and New Brunswick. Had the Energy East Pipeline been built, Canadian refineries could have had Canadian domiciled product to satiate them. Moreover, had Northern Gateway been built, we would have diversified our client list beyond the United States. Sure, the Trans Mountain Pipeline was built, at extraordinary cost and timelines, and some “credit” is due to the Government getting it done, but the proof is in the current landscape that we operate in.

Now, coming back to the beginning. Why do I think Trudeau should look in the mirror before throwing rocks at Premier Smith? I come back to 2015 when Trudeau said Canada is the world’s “first postnational state” and that “there is no core identity, no mainstream in Canada.” He has gone about taking away what many of us grew up with, namely a sense of Canadian identity, and tried to replace that with shame and no collective identity. What is a post nation state you may ask? Post-nationalism or non-nationalism is the process or trend by which nation states and national identities lose their importance relative to cross-nation and self-organized or supranational and global entities as well as local entities.

So, is it any wonder that people are starting to question what is Canadian any more? At a time when Canada is under significant threat, the irony that Alberta likely represents the best tool in this tools (Trudeau) economic toolbox, is wildly ironic. As they say, karma’s a bitch.

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Alberta

Energy East May be the Nation Building Mega-Project Canada Needs Right Now

Published on

From EnergyNow.Ca

By Jim Warren

Is it Time to Put Politics Aside for Team Canada? – Jim Warren

People on the prairies who understand the value of a flourishing oil and gas sector are hopeful the election of a Conservative government will sweep away the barriers that blocked the Northern Gateway and Energy East pipelines. Some optimistic industry analysts suggest a project similar to Northern Gateway may be doable but concede that reviving Energy East would probably be a bridge too far.

It is getting difficult to recount exactly how many times Quebec’s demands for special treatment have disrupted national unity. Quebec’s rejection of Energy East was the most recent assault on national cohesion to anger large numbers of people on the prairies. It amounted to sticking a finger in the eye of the oil-producing provinces. And while the Poilievre Conservatives are set to win the next election, their victory won’t signal a big change in attitudes about the environment in Quebec.

Politicians from Quebec argue over which of their parties can claim it hates pipelines the most. Bloc Québécois leader, Yves-François Blanchet brags about the prominent role his party played in killing Energy East. His boasting actually drew the ire of Quebec Liberals and environmental groups in 2019. They claimed the Bloc was taking credit for their work. The 338Canada website, has the anti-oil Bloc Québécois winning 45 of the 78 federal seats in Quebec in the upcoming federal election.

Provincially, the Coalition Avenir Québec (CAQ) government is marginally more reasonable to deal with. It claims to stand for Quebec’s national autonomy as opposed to outright separation. Quebec premier, François Legault, says the west would do well to behave more like politicians from his province when dealing with Ottawa. He makes a good point.

Revisiting just how eminently reasonable the original Energy East proposal actually was suggests many Quebec politicians are immune to common sense. If the Energy East proposal wasn’t acceptable to the overly zealous activists who influence environmental policy in the province, why would we expect a different response in the near future?

There are, however, coercive options that might work. Premiers from Alberta and Saskatchewan have proposed withholding a portion of Quebec’s annual equalization payment in response to its lack of cooperation on building a pipeline to tidewater on the Atlantic coast. Unfortunately that option would require a constitutional amendment, and those have proven to be extremely difficult to engineer.

Alternatively, prairie governments might encourage Enbridge to shut down its Line 9 pipeline which has the capacity to transport up to 300 barrels per day (bpd) of western oil to Montreal. That sort of move would require getting industry players on side–including Enbridge and Suncor, who owns a 137,000 bpd capacity refinery in Montreal. It is encouraging to recall that Peter Lougheed faced little in the way of industry opposition in the 1970s when he cut oil shipments to Central Canada by 10%.

Quebec’s past behavior pretty much guarantees the province would threaten separation if confronted with the loss of its equalization welfare ($14 billion for fiscal 2023-24). They might be less concerned about getting a pipeline from the west turned off—they seem to prefer tanker ships over pipelines.

Many westerners are weary of Quebec’s separation blackmail. Some of those who have run out of patience say, “next time they threaten to go, just tell them not to let the door hit them on the ass on their way out.”

The cancellation of the Energy East pipeline was viewed on the prairies as rejection of a project that would generate greater national harmony. It was seen as a nation building exercise of benefit to Quebecers, people from the Maritimes, Ontario and Western Canada. Westerners mistakenly assumed even environmentally sanctimonious Quebecers would recognize the benefits of obtaining more of their oil from pipelines rather than via marginally risky railways and ocean going tankers.

Following the 2013 Lac-Mégantic rail disaster, people from western Canada’s oil patch naively assumed approval of Energy East was a no brainer. The disaster killed 47 people and destroyed downtown Lac- Mégantic. It was caused by the derailment and explosion of a train hauling oil tanker cars. It seemed reasonable to imagine Quebecers would happily purchase safer, less expensive Canadian oil transported by pipeline.

Energy East would have been the longest pipeline in North America. It was to run from Alberta to Saint John, New Brunswick. The plan was to convert 2,900 miles of existing natural gas pipeline into an oil pipeline, build 1,900 miles of new pipeline and make a $300 million upgrade to an Irving oil terminal in New Brunswick.  It was a visionary project reminiscent of the building of the transcontinental railway and the original TransCanada pipeline.

The pipeline would be capable of transporting 1.1 million bpd. No more than 400,000 bpd would be required to replace the foreign oil being imported by tanker and rail. The remaining 600,000 barrels could be exported to new international customers for Canadian oil. The value of those new export revenues would conceivably approach $15 billion annually.

It is worth remembering the influential role Quebec Liberals played in opposing Energy East. Montreal’s Mayor Denis Coderre, was a former Liberal cabinet minister who led the Montreal Municipal Community (MMC) a coalition of 82 Montreal area municipal governments. As much as anything, the MMC’s strident opposition to Energy Easy in January of 2016 foretold TransCanada’s October 2017 cancellation of the pipeline.

Inspiration for cancelling the pipeline was provided by Quebec’s robust environmental lobby—led by activists like Steven Guilbeault. Polls conducted at the time showed the Quebec politicians who opposed Energy East had the support of 60% or more of the public. The pipeline was similarly denounced by premier Philippe Couillard and Quebec’s Liberal government at the time. While the southwest corner of B.C. has typically been thought of as the home of Canada’s Greens, in Quebec the Liberals are the party preferred by environmental activists.

Liberals in Ottawa remained officially neutral during the Energy East controversy but were unofficially cheering for the pipeline’s cancellation from the sidelines.

One of the biggest challenges to confront an effort to revive the project would be finding willing investors. TransCanada walked away financially bruised and who wants to be similarly burnt? And, the Trans Mountain example casts a dark shadow on the idea of a government-owned line.

Trying to convince Quebecers, especially young adults, about the value of new oil pipelines seems like a fool’s errand. Given that only 50% of 16-20 year-olds in Quebec have a driver’s license, it could prove difficult convincing them about the importance of petroleum to Canada’s transportation system and economic health.

No less discouraging is the fact that Quebec’s environmental movement remains dedicated to killing the petroleum and natural gas industries on behalf of combatting climate change.

Yet, oddly enough there have been surprising signals coming out of Quebec in recent years suggesting regular Quebecers don’t share the same level of anti-oil and anti-pipeline enthusiasm as their province’s politicians and environmentalists. Perhaps this is something worth looking into before giving up entirely on the idea of a pipeline to Atlantic tidewater.

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