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Alberta

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

Premier Smith says Auto Insurance reforms mean lower premiums and better services for Alberta drivers

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Premier Smith says Auto Insurance reforms may still result in a publicly owned system

Better, faster, more affordable auto insurance

Alberta’s government is introducing a new auto insurance system that will provide better and faster services to Albertans while reducing auto insurance premiums.

After hearing from more than 16,000 Albertans through an online survey about their priorities for auto insurance policies, Alberta’s government is introducing a new privately delivered, care-focused auto insurance system.

Right now, insurance in the province is not affordable or care focused. Despite high premiums, Albertans injured in collisions do not get the timely medical care and income support they need in a system that is complex to navigate. When fully implemented, Alberta’s new auto insurance system will deliver better and faster care for those involved in collisions, and Albertans will see cost savings up to $400 per year.

“Albertans have been clear they need an auto insurance system that provides better, faster care and is more affordable. When it’s implemented, our new privately delivered, care-centred insurance system will put the focus on Albertans’ recovery, providing more effective support and will deliver lower rates.”

Danielle Smith, Premier

“High auto insurance rates put strain on Albertans. By shifting to a system that offers improved benefits and support, we are providing better and faster care to Albertans, with lower costs.”

Nate Horner, President of Treasury Board and Minister of Finance

Albertans who suffer injuries due to a collision currently wait months for a simple claim to be resolved and can wait years for claims related to more serious and life-changing injuries to addressed. Additionally, the medical and financial benefits they receive often expire before they’re fully recovered.

Under the new system, Albertans who suffer catastrophic injuries will receive treatment and care for the rest of their lives. Those who sustain serious injuries will receive treatment until they are fully recovered. These changes mirror and build upon the Saskatchewan insurance model, where at-fault drivers can be sued for pain and suffering damages if they are convicted of a criminal offence, such as impaired driving or dangerous driving, or conviction of certain offenses under the Traffic Safety Act.

Work on this new auto insurance system will require legislation in the spring of 2025. In order to reconfigure auto insurance policies for 3.4 million Albertans, auto insurance companies need time to create and implement the new system. Alberta’s government expects the new system to be fully implemented by January 2027.

In the interim, starting in January 2025, the good driver rate cap will be adjusted to a 7.5% increase due to high legal costs, increasing vehicle damage repair costs and natural disaster costs. This protects good drivers from significant rate increases while ensuring that auto insurance providers remain financially viable in Alberta.

Albertans have been clear that they still want premiums to be based on risk. Bad drivers will continue to pay higher premiums than good drivers.

By providing significantly enhanced medical, rehabilitation and income support benefits, this system supports Albertans injured in collisions while reducing the impact of litigation costs on the amount that Albertans pay for their insurance.

“Keeping more money in Albertans’ pockets is one of the best ways to address the rising cost of living. This shift to a care-first automobile insurance system will do just that by helping lower premiums for people across the province.”

Nathan Neudorf, Minister of Affordability and Utilities

Quick facts

  • Alberta’s government commissioned two auto insurance reports, which showed that legal fees and litigation costs tied to the province’s current system significantly increase premiums.
  • A 2023 report by MNP shows
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Alberta

Alberta fiscal update: second quarter is outstanding, challenges ahead

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Alberta maintains a balanced budget while ensuring pressures from population growth are being addressed.

Alberta faces rising risks, including ongoing resource volatility, geopolitical instability and rising pressures at home. With more than 450,000 people moving to Alberta in the last three years, the province has allocated hundreds of millions of dollars to address these pressures and ensure Albertans continue to be supported. Alberta’s government is determined to make every dollar go further with targeted and responsible spending on the priorities of Albertans.

The province is forecasting a $4.6 billion surplus at the end of 2024-25, up from the $2.9 billion first quarter forecast and $355 million from budget, due mainly to higher revenue from personal income taxes and non-renewable resources.

Given the current significant uncertainty in global geopolitics and energy markets, Alberta’s government must continue to make prudent choices to meet its responsibilities, including ongoing bargaining for thousands of public sector workers, fast-tracking school construction, cutting personal income taxes and ensuring Alberta’s surging population has access to high-quality health care, education and other public services.

“These are challenging times, but I believe Alberta is up to the challenge. By being intentional with every dollar, we can boost our prosperity and quality of life now and in the future.”

Nate Horner, President of Treasury Board and Minister of Finance

Midway through 2024-25, the province has stepped up to boost support to Albertans this fiscal year through key investments, including:

  • $716 million to Health for physician compensation incentives and to help Alberta Health Services provide services to a growing and aging population.
  • $125 million to address enrollment growth pressures in Alberta schools.
  • $847 million for disaster and emergency assistance, including:
    • $647 million to fight the Jasper wildfires
    • $163 million for the Wildfire Disaster Recovery Program
    • $5 million to support the municipality of Jasper (half to help with tourism recovery)
    • $12 million to match donations to the Canadian Red Cross
    • $20 million for emergency evacuation payments to evacuees in communities impacted by wildfires
  • $240 million more for Seniors, Community and Social Services to support social support programs.

Looking forward, the province has adjusted its forecast for the price of oil to US$74 per barrel of West Texas Intermediate. It expects to earn more for its crude oil, with a narrowing of the light-heavy differential around US$14 per barrel, higher demand for heavier crude grades and a growing export capacity through the Trans Mountain pipeline. Despite these changes, Alberta still risks running a deficit in the coming fiscal year should oil prices continue to drop below $70 per barrel.

After a 4.4 per cent surge in the 2024 census year, Alberta’s population growth is expected to slow to 2.5 per cent in 2025, lower than the first quarter forecast of 3.2 per cent growth because of reduced immigration and non-permanent residents targets by the federal government.

Revenue

Revenue for 2024-25 is forecast at $77.9 billion, an increase of $4.4 billion from Budget 2024, including:

  • $16.6 billion forecast from personal income taxes, up from $15.6 billion at budget.
  • $20.3 billion forecast from non-renewable resource revenue, up from $17.3 billion at budget.

Expense

Expense for 2024-25 is forecast at $73.3 billion, an increase of $143 million from Budget 2024.

Surplus cash

After calculations and adjustments, $2.9 billion in surplus cash is forecast.

  • $1.4 billion or half will pay debt coming due.
  • The other half, or $1.4 billion, will be put into the Alberta Fund, which can be spent on further debt repayment, deposited into the Alberta Heritage Savings Trust Fund and/or spent on one-time initiatives.

Contingency

Of the $2 billion contingency included in Budget 2024, a preliminary allocation of $1.7 billion is forecast.

Alberta Heritage Savings Trust Fund

The Alberta Heritage Savings Trust Fund grew in the second quarter to a market value of $24.3 billion as of Sept. 30, 2024, up from $23.4 billion at the end of the first quarter.

  • The fund earned a 3.7 per cent return from July to September with a net investment income of $616 million, up from the 2.1 per cent return during the first quarter.

Debt

Taxpayer-supported debt is forecast at $84 billion as of March 31, 2025, $3.8 billion less than estimated in the budget because the higher surplus has lowered borrowing requirements.

  • Debt servicing costs are forecast at $3.2 billion, down $216 million from budget.

Related information

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