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JCCF urges Government to amend Alberta’s Public Health act to protect freedoms

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From the Justice Centre for Constitutional Freedoms (JCCF)

Legislative Proposals: Protecting citizens’ freedoms during a public health emergency

Without amendments to Alberta’s Public Health Act, Alberta’s Chief Medical Officer of Health (CMOH) is now in a position 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 as the result of the Alberta Court of King’s Bench interpretation of the Public Health Act in Ingram v. Alberta (Chief Medical Officer of Health), 2020 ABQB 806 (CanLII).

Two aspects of the Public Health Act, as interpreted in the Ingram court ruling, are particularly troubling.

First, the Court ruled that elected representatives should have no effective oversight over health orders that violate the fundamental Charter freedoms of conscience, religion, expression, association and peaceful assembly.  Implicitly, the Court appears to have ruled that the CMOH may, without any oversight from legislators, also violate the Charter right to bodily autonomy and privacy by way of vaccine mandates, which impose second-class citizenship on those who decline to get injected.

Second, the Court in its lengthy Ingram ruling fails to mention, let alone analyze, the abundant evidence placed before it about the massive harms that lockdowns inflicted on citizens.  Without bothering to review the evidence of serious harms to the mental, physical, psychological, spiritual and financial well-being of vulnerable people, Justice Barbara Romaine simply states her general impression that the health orders that violated Charter freedoms had salutary benefits that outweighed their deleterious effects.  This is an abject failure of the Court to apply Section 1 of the Charter, which requires judges to insist that governments justify any violation of Charter rights and freedoms “demonstrably” with persuasive evidence.  

Justice Romaine did not properly apply the test laid down by the Supreme Court of Canada in R. v. Oakes, 1986 CanLII 46 (SCC), which includes a requirement that governments show that their violations of Charter rights and freedoms are actually doing more good than harm.

Declaring oneself to be the sole purveyor of “science” is contrary to science itself, because science is a process requiring humility, love for truth, inquiry, transparency and honest debate.  It should not take a court action to obtain the actual information that governments rely on to justify restrictions on Charter freedoms; this info should be available to the public in real time.

The way to protect Albertans from medical tyranny is to amend the Public Health Act and other legislation such that the CMOH will be required to respect the scientific process of inquiry and debate, by transparently providing the public with all relevant scientific information and by facilitating wholesome and necessary debate about the costs and the benefits of any lockdown measures that violate any of our fundamental Charter rights and freedoms.

During the time of lockdowns and vaccine passports, the Alberta Government disregarded the constitutional principle of democratic accountability.  Our constitution requires that prospective laws be debated, and come into force only after approval by a vote of elected representatives who are accountable to the people.  For the better part of three years, MLAs abandoned to a significant degree their constitutional authority to make laws.  MLAs refused to accept responsibility for the restrictions that drove many Albertans into unemployment, poverty, debt, bankruptcy, isolation, loneliness, depression and despair.  Instead, while still retaining and exercising ultimate authority over lockdown measures (a key point in the Ingram decision), Alberta’s cabinet empowered the CMOH to speak new laws into force at news conferences.  Accorded a level of deference akin to that enjoyed by medieval monarchs, the CMOH was not required to answer questions from elected representatives about the wisdom, the rationale or the consequences of ever-changing health orders.

To ensure that these egregious violations of civil liberties, human rights and constitutional freedoms do not occur in Alberta again, legislative reforms are in order.

Alberta’s Public Health Act should be amended to require that the CMOH disclose to the public at all times the specific assumptions, data, and sources for any modelling and for all health orders.  The declaration of a public health emergency should be subjected to a free vote of the legislature, taken only after a thorough debate.  The public health emergency should automatically expire 30 days after the vote, renewable for further 30-day periods only by subsequent votes, with each such vote taking place only after ample opportunity for public debate, both inside and outside of the Legislature.

The CMOH should be required by the Public Health Act to appear weekly before an all-party committee of MLAs, to answer questions and to provide information as may be requested, including all data, assumptions, studies and reports on which the CMOH is relying.  If restrictions on Charter freedoms are truly based on sound evidence, then those who propose or impose these restrictions have nothing to fear from transparency and accountability.

Alberta’s Public Health Act should require the government to subject public health regulations and orders to an ongoing and comprehensive cost-benefit analysis.  The government’s monthly reports should measure, explain and report on the specific impact of public health orders on mental health (alcoholism, drug overdoses, depression, spousal abuse, child abuse, suicide), on physical health (cancer, obesity, all-cause mortality) and on unemployment, bankruptcies, homelessness, and public debt.  The government should also be required by law to monitor closely the quality of care received by seniors in long-term care facilities, including their right to receive frequent in-person visits from loved ones.

The right of every individual to choose to receive or not receive medical treatments (including a vaccine) should be added to the Alberta Human Rights Act by adding “medical status” as a prohibited ground of discrimination.

In order to ensure that scientific debate and inquiry are fully respected, legislation should require the College of Physicians and Surgeons of Alberta to respect fully the right of all doctors to research, write and speak freely.  Doctors should not have to fear adverse consequences for expressing heterodox opinions about medical topics, or any other topics.  Further, the Colleges must respect the doctor-patient relationship by neither compelling doctors to prescribe treatments nor prohibiting doctors from prescribing treatments.  Doctors should not be conscripted into providing patients with a treatment regime that violates the doctor-patient relationship, including fully informed consent on the part of the patient. 

Alberta’s Public Health Act should also provide that, upon conclusion of a public health emergency, a public inquiry must take place to review the government’s emergency-related policies, regulations and health orders, to determine what harms and what benefits resulted.

In light of the failure of courts in Alberta to uphold and protect our Charter rights and freedoms during a public health emergency, these legislative reforms are sadly necessary to protect Albertans from suffering egregious violations of their Charter rights and freedoms in future.

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Alberta

New red tape reporting website will help ramp up housing construction in Alberta

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Helping builders by putting an end to housing delays

Alberta’s new Stop Housing Delays online portal will allow developers, municipalities and other housing partners to report red tape and unnecessary home-building delays.

Alberta’s government is focused on ensuring Albertans have access to the housing they need, and that means working to streamline processes, cut red tape and reduce delays that are slowing housing construction down. As part of this work, government has launched a new online portal to help in these efforts.

The Stop Housing Delays online portal is now available for developers and municipal authorities to help identify areas that are preventing fast and efficient residential construction. This portal will help government identify and address barriers to building homes across the province.

“The Stop Housing Delays portal will allow Alberta’s government to hear directly from developers, municipalities and other partners on where delays are happening in the construction process. This will help identify and remove barriers, ultimately getting homes built faster and continuing Alberta’s record home-building pace.”

Jason Nixon, Minister of Seniors, Community and Social Services

“Alberta’s government will continue to work with municipalities and find solutions to speed up the home-building process. The Stop Housing Delays portal will give us another tool to inform those discussions and identify areas where we can improve the pace of home building.”

Ric McIver, Minister of Municipal Affairs

Once developers, municipalities or industry partners have submitted their issue using the online form, government will collect and assess the information provided. Alberta’s government will be taking a collaborative, cross-ministry approach to ensure the appropriate departments are working together to find solutions where possible. Solutions may range from minor changes to policy reform.

Alberta’s government continues to support builders and encourage new residential housing construction by reducing red tape, incentivizing housing construction and supporting innovative strategies to build homes faster than ever.

“This webpage is an excellent opportunity to gather knowledge and further eliminate red tape. Government has been persistent in our approach of cutting red tape and removing roadblocks, and this will help to speed up residential construction. I look forward to hearing from developers and our other partners on how we can help get projects moving and Albertans in homes.”

Dale Nally, Minister of Service Alberta and Red Tape Reduction

Alberta continues to see strong housing starts and increases while other provinces across Canada are seeing a reduction in housing starts. The first half of 2024 saw 9,903 apartment unit starts in the province. This marks the highest amount in any half year in Alberta’s history, breaking the previous record of 9,750 set in 1977. Albertans will benefit from 33,577 new housing starts from January through September 2024, up 35 per cent from the same period last year. Alberta’s government remains focused on working with industry and non-profit partners to ensure that the province’s growing population has access to the housing it needs.

“This portal is a valuable tool for industry to highlight gaps, barriers and delays that may need to be prioritized and addressed by either local or provincial governments. Real solutions can only emerge through transparency, open communication and collaboration. This is an important step toward identifying the unique challenges each region and municipality faces in delivering attainable housing.”

Scott Fash, chief executive officer, BILD Alberta Association

Quick Facts

  • Housing starts for January – September 2024 compared with January – September 2023
    • Provincewide: 33,577 compared with 24,904 (up 35 per cent)
    • Edmonton: 13,359 compared with 9,099 (up 47 per cent)
    • Calgary: 17,414 compared with 14,141 (up 23 per cent)
    • Lethbridge: 599 compared with 148 (up 305 per cent)
    • Red Deer: 314 compared with 146 (up 115 per cent)
  • Data shows Alberta had 10,699 purpose-built rentals, making up 32 per cent of all housing starts.
  • Since 2019, Alberta’s government has invested almost $850 million to build more than 5,100 units and close to 900 shelter spaces. This includes projects we have committed to, that are in progress and that are complete.
  • Together with its partners, Alberta’s government is supporting $9 billion in investments into affordable housing to support 25,000 additional low-income households by 2031.

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Alberta

Turning resources into new jobs and products

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(Left to right: Stéphane Germain, president of GHGSat; John Adams, president and CEO, NGIF Capital and NGIF Accelerator and managing partner of Cleantech Ventures; Rebecca Schulz, Minister of Environment and Protected Areas; Scott Volk, director of emissions and innovation, Tourmaline Oil; Justin Riemer, CEO of Emissions Reduction Alberta)

New funding will advance technologies that turn Alberta’s natural resources, such as bitumen, into materials of the future.

Alberta is Canada’s third-largest producer of manufactured goods and materials and first in clean technology innovation. At the same time, manufacturing companies around the world are looking for ways to make products like concrete, plastics, food, wood, chemicals and machinery more efficient, more durable, easier to recycle and better for the environment.

Alberta’s government is investing $40 million from the industry-funded Technology Innovation and Emissions Reduction (TIER) program to advance technologies that will turn everyday items that would otherwise be wasted or dumped in landfills into modern, low-emission products. These technologies will help create jobs, reduce emissions and help Alberta’s manufacturing industry lead the world.

“We have the resources, expertise and entrepreneurs needed to create some of the most advanced materials in the world. This funding competition will help develop new and exciting technologies that reduce emissions, create jobs, reuse waste and keep growing our economy.”

Rebecca Schulz, Minister of Environment and Protected Areas

Advanced materials are increasing in global demand. They are new or significantly improved materials that provide a distinct advantage in performance when compared to conventional materials. Advanced materials have already been used to create new construction materials, improved batteries and fuel cells and lighter, stronger aircrafts, bicycles and golf clubs, among other products.

Led by Emissions Reduction Alberta, Alberta’s new funding competition will support scale-up, pilot, and demonstration and first-of-kind commercial technologies that improve the extraction, production, manufacturing, and performance of new and existing materials and products in Alberta. It is open to a wide a range of applicants including researchers, businesses, municipalities and Indigenous communities.

“Enhancing existing products and developing new materials with superior performance while embracing circular economy strategies will help deliver deeper emissions reductions, enhance supply chain resiliency and strengthen industrial competitiveness. This funding, sourced from Alberta’s TIER regulation, is critical and the possibilities are endless.”

Justin Riemer, CEO, Emissions Reduction Alberta

The focus of this funding is to help create technologies that turn resources into modern, new products. This includes emerging technologies extracting high value metals like vanadium, titanium and lithium found within natural resources such as bitumen and creating novel, carbon-absorbing materials. These can then be used to improve everything from construction material and consumer electronics to aircrafts and hockey sticks.

“Emerging technology solutions, such as creating advanced carbon products from bitumen, are critical to lowering emissions and creating jobs in the province. Alberta Innovates is pleased to support this call and work closely with Emissions Reduction Alberta to realize a new future for Albertans.”

Dr. Michael Mahon, CEO, Alberta Innovates

“By transforming our abundant natural resources into advanced, low-carbon materials, we are not only driving emissions reductions but also creating valuable opportunities for industry growth and export potential. The Government of Alberta’s investment through Emissions Reduction Alberta’s Advanced Materials Challenge demonstrates a commitment to building a resilient economy that harnesses Alberta’s strengths in new and sustainable ways.”

Md Golam Kibria, co-founder and scientific director, CarboMat Inc.

Quick facts

  • Applications for the Advanced Materials Challenge close on Wednesday, January 22, 2025, at 5 PM MST.
  • Successful applicants are eligible for up to $5 million.
  • Applications are open to innovators, technology developers, commercial and industrial building owners, municipalities, Indigenous communities, small and medium-sized businesses, research and development organizations, universities, and not-for-profit organizations.
  • Applications are open to emerging technologies. While technology solutions can originate from anywhere globally, they must be piloted, demonstrated or deployed in Alberta.
  • The TIER system uses industry dollars to help Alberta facilities find innovative ways to reduce emissions and invest in clean technology to stay competitive and save money.
  • Full details on the Advanced Materials Challenge can be found on Emissions Reduction Alberta’s website.

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