Hinshaw challenged over violating Charter freedoms of Albertans

Todayville Calgary

Published

4 years ago

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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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Former Chief Judge of Manitoba Proincial Court will lead investigation into AHS procurement process

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Deputy Minister of Jobs, Economy and Trade Christopher McPherson has issued the following statement on an independent third-party investigation into procurement and contracting processes used by the Government of Alberta and Alberta Health Services (AHS):

Deputy Minister of Jobs, Economy and Trade Christopher McPherson has issued the following statement on an independent third-party investigation into procurement and contracting processes used by the Government of Alberta and Alberta Health Services (AHS):

“While serving as Acting Deputy Minister of Executive Council, Premier Danielle Smith asked me to establish a credible, independent, third-party investigation into the procurement processes used by the Government of Alberta and AHS and their outcomes.

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“Judge Wyant was appointed to the Manitoba bench in 1998 before becoming Chief Judge in 2002. Prior to his service on the bench, Judge Wyant worked as a criminal defence lawyer and Crown attorney and was acting deputy director of Manitoba prosecutions at the time of his appointment to the Bench. He has also taught law for many years at Robson Hall at the University of Manitoba.

“Judge Wyant will review the relevant legislation, regulations and policies related to procurement typically used by Government of Alberta departments and agencies, specifically AHS, and their application to the procurement of pharmaceuticals and to services offered by chartered surgical facilities. Questions that Judge Wyant will consider are outlined in the attached terms of reference, and include whether or not any elected official, Government of Alberta or AHS employee, or other individuals, acted improperly during the procurement processes. Judge Wyant will make recommendations to the government for improvement or further action as appropriate.

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“Judge Wyant will deliver an interim written report by May 30, 2025. A final written report and recommendations will be delivered by June 30, 2025, and it will be posted on alberta.ca.”