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Alberta

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

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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.

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Alberta

Can Trump Revive The Keystone Pipeline?

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From the Daily Caller News Foundation

By David Blackmon

In a post on his Truth Social media platform Monday night, President Donald Trump said he still wants to see the Keystone XL pipeline through to completion. Here is the full text of the president’s post:

“Our Country’s doing really well, and today, I was just thinking, that the company building the Keystone XL Pipeline that was viciously jettisoned by the incompetent Biden administration should come back to America, and get it built — NOW! I know they were treated very badly by Sleepy Joe Biden, but the Trump Administration is very different — Easy approvals, almost immediate start! If not them, perhaps another Pipeline Company. We want the Keystone XL Pipeline built!”

For those unaware, the company that spent a decade attempting to finance, obtain permits, and build the Keystone XL pipeline project is TC Energy  (formerly Trans Canada), which is headquartered in Calgary, Alberta, Canada.

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Fraught with controversy from the beginning, Keystone XL became a true political football during the Barack Obama presidency as the anti-oil and gas lobby in the U.S. mounted a disinformation campaign to kill public support for it. The mounting of the costly disinformation campaign made the process of obtaining permits at all levels of government – state, local, and federal – far more difficult and time-consuming, needlessly running up the project’s cost in the process.

After the Obama State Department led by Secretary John Kerry refused to issue the international cross-border permit required to complete the line, Trump quickly acted to ensure its approval early in his first term in office. By the time Joe Biden assumed office in January 2021, TC Energy had invested billions of dollars – creating thousands of high-paying jobs in the process – and well over half the line was already in the ground. Still, despite the huge sunk cost and lacking an ability to cite any instance in which TC Energy stood in violation of any U.S. law or regulation, Biden took the extraordinary, indefensible step of cancelling the project with the stroke of a pen.

But can the project really be revived now? It’s an important question given that Keystone XL was designed to bring as many as 830,000 barrels of Canadian oil per day into the United States for refining and delivery to markets.

Here, it is key to note that – as I pointed out last November when then-President-elect Trump raised this topic – TC Energy is no longer the owner of the moribund project. The remnants of Keystone XL were included in a group of assets TC Energy spun off last year when it formed a new company named South Bow Energy.

Complicating matters further is the fact that, after it decided the pipeline was a lost cause back in 2021, TC Energy pulled the installed pipe out of the ground so it could be repurposed for other projects in its portfolio. Then, there’s the fact that many of the permits the company spent years trying to obtain from various levels of governments are no longer valid and would have to go through the application and approval processes again were the project to be revived.

At the federal level, the Department of Interior and FERC would govern most of the necessary permitting processes. President Trump ordered all of his departments and commissions in January to research ways the executive branch can streamline the federal processes and Interior Secretary Doug Burgum included that goal as one of his 6 top priorities in a memo to staff dated February 3.

But even if those projects are successful in speeding up permitting at the federal level, they would have no impact on such challenges at the state and local levels. Activist groups who organized the opposition to the project saw great success in holding up permitting issuances at these lower levels of government, and would no doubt revive that strategy to attack any effort to restart the pipeline.

There can be no doubt that Trump’s desire to get the pipeline built is a laudable goal from a commercial, environmental and national security standpoint. Whether it is a practical goal is another question with many factors arrayed in opposition to it.

But one thing I’ve learned long ago is to never underestimate Donald Trump’s ability to get a deal done, so no one should give up hope just yet.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Alberta

Alberta Coordinating law enforcement to fight fentanyl

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Alberta’s government is working with municipalities to tackle social disorder arising from the fentanyl crisis by aligning community peace officers with local police.

Enhancing law enforcement coordination between the province and municipalities is crucial to strengthening enforcement efforts in the ongoing fight against fentanyl and the illicit drug trade. A more unified response among law enforcement agencies is crucial to effectively and efficiently addressing the fentanyl crisis and its devastating effects on Albertans.

At the request of the provincial government, more than 800 community peace officers from 34 large- and mid-sized municipalities will immediately begin coordinating operations with local police to more effectively combat social disorder stemming from the use of illicit drugs, including deadly fentanyl.

“We know a law enforcement presence will make a difference. Fentanyl continues to endanger the lives of Albertans and is devastating to families and communities. Crisis demands immediate and unified action. By aligning the efforts of community peace officers and local police, we are ensuring a coordinated, team response to combat the illicit drug trade to improve public safety. When community peace officers and local police work together in integrated street patrols, we create a visible and unified front against crime.”

Mike Ellis, Minister of Public Safety and Emergency Services

“It takes a team effort to tackle the fentanyl crisis. Every level of government has a role to play. Working together with our municipal partners will ensure we can address this crisis, improve public safety for Albertans and combat fentanyl, which has destroyed families and livelihoods.”

Ric McIver, Minister of Municipal Affairs

Unifying the operational command of community peace officers under the leadership of municipal police services and the RCMP in the fight against fentanyl will make strides towards safer Alberta communities. Additionally, an increase in law enforcement boots on the ground on Alberta streets will create the operational consistency needed to more effectively combat illicit drugs, crime and social disorder. Closer operational alignment between police and community peace officers is a key part of the Alberta government’s approach to confronting urgent public safety issues with strong, cohesive law enforcement across all Alberta municipalities.

This measure is in response to the province stepping up to work collaboratively across all levels of government to address concerns around fentanyl trafficking and border security. Given the complexity and severity of these issues, municipalities have been asked to implement operational alignment to their community peace officer programs immediately. Alberta’s government appreciates the support of municipalities to tackle these growing concerns together through swift and collaborative action.

“Tackling the fentanyl crisis is critical for supporting healthy communities, and for defending Canada’s economic interests during tariff negotiations. Edmonton has been building a collaborative public safety environment for a long time, and we will continue to look for opportunities to collaborate to keep our city safe.”

Amarjeet Sohi, mayor, City of Edmonton

“Calgary is fully aligned with the province in tackling the complex and devastating drug crisis, and we have led the way with a strong, unified response for the last several years. We recognize the severity of this issue and the critical need for continued collaboration and coordination between Calgary Police Service and our Community Peace Officers. Our integrated approach has amplified our collective impact on public safety.”

Jyoti Gondek, mayor, City of Calgary

Visible officer presence matters and by having community peace officers and municipal police work together in integrated operations, Alberta’s government is bolstering the law enforcement presence that effectively deters criminals and illegal activity. When community peace officers and municipal police work together in integrated street patrols, it will create a visible and unified front against crime.

“The Alberta Association of Chiefs of Police (AACP) reaffirms its unwavering commitment to collaborating with the Province of Alberta to aggressively address the urgent challenges related to fentanyl use/trafficking, including the increased crime and disorder associated with it. The AACP supports strong collaboration and cooperation between the police of jurisdiction and municipal peace officers in an integrated response to public safety concerns. The AACP remains steadfast in its commitment to working together on pressing public safety issues.”

Mark Neufeld, chief, Alberta Association of Chiefs of Police

“Alberta Municipalities is pleased to work with the provincial government on this important initiative. Our member communities welcome the opportunity to contribute to a unified approach to tackling drug trafficking and drug use.”

Tyler Gandum, president, Alberta Municipalities

“Alberta’s mid-sized cities are proud to participate in this joint effort. By enhancing law enforcement coordination, we are confident we will create a more effective system that keeps our communities and citizens safe while making real progress on reducing crime and social disorder. We thank the Government of Alberta for working side-by-side with municipalities and ensuring close collaboration on the issues that matter most to our residents.”

Jeff Genung, chair, Mid-sized Cities Mayor’s Caucus

The province will monitor the effectiveness of these changes in improving public safety to ensure the best path forward.

Quick facts:

  • In mid-February, the minister of public safety and emergency services sent formal letters to 34 municipalities requesting that they immediately begin working with police leadership to align or unify the operational command of their community peace officer programs under the leadership of their police of jurisdiction.
  • Municipalities were requested to implement these changes by Feb. 24, 2025.
  • There are currently 806 peace officers employed in large and mid-sized municipalities across Alberta.
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