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Sam Bennett

Sam Bennett

1 Aug 2023

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Alberta’s Pandemic Decisions: Judge Rules Politicians Overstepped Boundaries

A Calgary judge has made a significant ruling regarding Alberta’s pandemic decisions. The judge stated that the province’s top elected officials, not the chief medical officer, made decisions about health measures during the pandemic.

This ruling suggests that the politicians overstepped their roles, as the law required these decisions to be made by the chief medical officer, Dr. Deena Hinshaw.

The Lawsuit Against Alberta’s Pandemic Decisions

In 2020, a group of Albertans, including two churches and a gym owner, filed a lawsuit. They argued that the government’s public health restrictions violated their rights.

The lawsuit sought a legal ruling that Alberta’s pandemic decisions were contrary to the province’s Bill of Rights and breached Albertans’ Charter-protected rights.

Albertas Pandemic Decisions

Justice Barbara Romaine ruled that the final decision-making power regarding public health measures rested with the cabinet and committees, not Dr. Hinshaw.

She stated that although Dr. Hinshaw was seen as the symbol of the restrictions, she was not the final decision-maker. This ruling sheds new light on Alberta’s pandemic decisions and the roles of different officials.

You may also like: The Pandemic: Is it Really Over?

The Implications of the Ruling

The judge’s ruling could have significant implications for cases where charges were laid against individuals accused of breaching public health rules.

For instance, the trial of anti-lockdown rodeo organizer Ty Northcott was paused pending Romaine’s decision. The ruling could potentially affect the outcome of such cases.

Albertas Pandemic Decisions

Justice Romaine ruled that even if the proper decision-making framework was in place. Albertans’ constitutional rights would not have been violate.

While the Alberta government conceded that some of the restrictions infringed on Albertans’ rights, Romaine found others did not.

She also ruled that the infringements that did occur were justified under the Charter. Due to the unprecedented public health emergency.

The Role of Dr. Deena Hinshaw

Dr. Deena Hinshaw, Alberta’s then-chief medical officer of health, played a crucial role during the pandemic. She testified that the restrictions were necessary to protect Alberta’s health care system.

However, she also stated that elected officials were the ultimate decision-makers on her recommendations. This testimony provides insight into the dynamics of Alberta’s pandemic decisions.

Alberta's Pandemic Decisions

The province recorded more than 5,800 deaths from COVID-19. The pandemic and the government’s response to it have had a profound impact on the lives of Albertans.

The recent ruling on Alberta’s pandemic decisions adds a new dimension to the ongoing discussion about the government’s handling of the pandemic.

Alberta’s Pandemic Decisions: Judge Rules Politicians Overstepped Boundaries