Alberta
Hinshaw challenged over violating Charter freedoms of Albertans
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
Alberta
MAiD In Alberta: Province surveying Albertans about assisted suicide policies
Alberta’s government is launching a public engagement to gather input about legislation and policies around assisted suicide, also referred to as medical assistance in dying (MAID).
Medical assistance in dying is a process that allows an eligible person to receive assistance from a medical practitioner in ending their life. To be found eligible, a person must be suffering from a serious and permanent medical condition.
Alberta’s government is reviewing how MAID is regulated to ensure there is a consistent process as well as oversight that protects vulnerable Albertans, specifically those living with disabilities or suffering from mental health challenges. An online survey is now open for Albertans to share their views and experiences with MAID until Dec. 20.
“We recognize that medical assistance in dying is a very complex and often personal issue and is an important, sensitive and emotional matter for patients and their families. It is important to ensure this process has the necessary supports to protect the most vulnerable. I encourage Albertans who have experience with and opinions on MAID to take this survey.”
In addition to the online survey, Alberta’s government will also be engaging directly with academics, medical associations, public bodies, religious organizations, regulatory bodies, advocacy groups and others that have an interest in and/or working relationship to the MAID process, health care, disabilities and mental health care.
Feedback gathered through this process will help inform the Alberta government’s planning and policy decision making, including potential legislative changes regarding MAID in Alberta.
“Our government has been clear that we do not support the provision of medically assisted suicide for vulnerable Albertans facing mental illness as their primary purpose for seeking their own death. Instead, our goal is to build a continuum of care where vulnerable Albertans can live in long-term health and fulfilment. We look forward to the feedback of Albertans as we proceed with this important issue.”
“As MAID is a federally legislated and regulated program that touches the lives of many Albertans, our priority is to ensure we have robust safeguards to protect vulnerable individuals. Albertans’ insights will be essential in developing thoughtful policies on this complex issue.”
The federal Criminal Code sets out the MAID eligibility criteria, procedural safeguards and reporting obligations. The federal government has paused MAID eligibility for individuals with a mental illness as their sole underlying medical condition until March 2027 to ensure the provincial health care systems have processes and supports in place. Alberta’s government does not support expanding MAID eligibility to include those facing depression or mental illness and continues to call on the federal government to end this policy altogether.
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Alberta
On gender, Alberta is following the science
Despite falling into disrepute in recent years, “follow the science” remains our best shot at getting at the truth of the physical sciences.
But science, if we are to place our trust in it, must be properly defined and understood; it is at its essence an ever-changing process, a relentless pursuit of truth that is never “settled,” and one that is unafraid to discard old hypotheses in the face of new evidence.
And it is in this light—in the unforgiving glare of honest science—that Alberta Premier Danielle Smith’s three new legislative initiatives around gender policy are properly understood, notwithstanding the opprobrium they’ve attracted from critics.
Bill 26, the Health Statutes Amendment Act, proposes to prohibit the prescription of puberty blockers and cross-gender hormones for the treatment of gender dysphoria to youth aged 15 and under. It would allow minors aged 16 and 17 to begin puberty blockers and hormone therapies for gender “reassignment” and “affirmation” purposes only with parental, physician, and psychologist approval. The bill also prohibits health professionals from performing sex reassignment surgeries on minors.
Bill 27, the Education Amendment Act, seeks to enshrine parents’ rights to be notified if their kids change their names/pronouns at school, and it gives parents the right to “opt in” to what sort of gender and sex education their kids are exposed to in school.
And Bill 29, the Fairness and Safety in Sports Act, is designed to protect females in sports by ensuring that women and girls can compete in biological female-only divisions, while supporting the formation of co-ed opportunities to support transgender athletes.
Each of these initiatives is entirely reasonable, given what we know of the science underpinning “gender care,” and of the undeniable advantages that a male physique confers upon biological males competing in sports.
The notion that the trifecta of puberty blockers, cross-gender hormones, and revisionist surgery is a pathway to good health was a hypothesis initially devised by Dutch researchers, who were looking to ease the discomfort of transgender adults struggling with incongruence between their physical appearance and their gender identities. As a hypothesis, it was perhaps reasonable.
But as the UK’s Cass Review exposed in withering detail last spring, its premises were wholly unsupported by evidence, and its implementation has caused grievous harm for youth. As Finnish psychiatrist Riittakerttu Kaltiala, one of the architects of that country’s gender program, put it last year, “Gender affirming care is dangerous. I know, because I helped pioneer it.”
It’s no accident, then, that numerous European jurisdictions have pulled back from the “gender affirming care” pathway for youth, such as Sweden, Finland, Belgium, the Netherlands, and the United Kingdom.
It makes perfect sense that Canadians should be cautious as well, and that parents should be apprised if their children are being exposed to these theories at school and informed if their kids are caught up in their premises.
Yet the Canadian medical establishment has remained curiously intransigent on this issue, continuing to insist that the drug-and-surgery-based gender-affirming care model is rooted in evidence.
Premier Smith was asked by a reporter last month whether decisions on these matters aren’t best left to discussions between doctors and their patients; to which she replied:
“I would say doctors aren’t always right.”
Which is rather an understatement, as anyone familiar with the opioid drug crisis can attest, or as anyone acquainted with the darker corners of medical history knows: the frontal lobotomy saga, the thalidomide catastrophe, and the “recovered memories of sexual abuse” scandal are just a few examples of where doctors didn’t “get it right.”
As physicians, we advocate strongly for self-regulation and for the principle that medical decisions are private matters between physicians and patients. But self-regulation isn’t infallible, and when it fails it can be very much in the interests of the public—and especially of patients—for others to intervene, whether they be journalists, lawyers, or political leaders.
The trans discussion shouldn’t be a partisan issue, although it certainly has become one in Canada. It’s worth noting that Britain’s freshly elected Labour Party chose to carry on with the cautious approach adopted by the preceding administration in light of the Cass Review.
Premier Smith’s new polices are eminently sensible and in line with the stance taken by our European colleagues. None of her initiatives are “anti-trans.” Instead, they are pro-child, pro-women, and pro-athlete, and it’s difficult to see how anyone can quibble with that.
Dr. J. Edward Les, MD, is a pediatrician in Calgary, senior fellow at the Aristotle Foundation for Public Policy, and co-author of Teenagers, Children, and Gender Transition Policy: A Comparison of Transgender Medical Policy for Minors in Canada, the United States, and Europe.
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