UPDATED: Alberta government proposes changes to Public Health Act, with final decisions left in hands of politicians

The Alberta government has introduced legislation providing clarity for Albertans about who is responsible for decisions in exceptional circumstances under the Public Health Act. “Elected officials have a responsibility to act in the best interests of Albertans and swear an oath to duly and faithfully execute the powers and trust imparted,” said Alberta Justice Minister and Attorney General Mickey Amery in a Thursday press release. “This legislation ensures that final decision-making authority and the accountability that must come with it rest with those entrusted by Albertans.”The Alberta government said Albertans elect politicians to make decisions in the best interests of the public after receiving advice from officials and experts. If passed, it said the Public Health Amendment Act would ensure decisions made during declared states of public health emergencies are made by politicians. This ensures the politicians who make decisions are held accountable, bringing the Public Health Act in line with the Ingram decision, which found COVID-19 restrictions did not follow it. The Court of King’s Bench of Alberta invalidated the COVID-19 restrictions implemented by former chief medical officer of health Dr. Deena Hinshaw in July. READ MORE: Alberta court strikes down Hinshaw's public health orders that violated Charter freedomsThe Court of King’s Bench of Alberta struck down these COVID-19 restrictions because they were issued by cabinet rather than Hinshaw. Hinshaw testified at trial politicians were the final decision-makers, and she provided advice and recommendations. Since they were invalidated, the Justice Centre for Constitutional Freedoms said it is expected Crown attorneys will need to withdraw charges against No More Lockdowns Rodeo organizer Ty Northcott, GraceLife Church pastor James Coates, and Fairview Baptist Church.Amery followed up by saying it "is important to remember a public health emergency can exist outside of a declared state of emergency." "It can exist during or after a public health state of emergency has been declared," he said. "Alberta's response occurred during COVID-19 — during and after the public health orders had some times lapsed." He acknowledged there should be an ability for cabinet to continue to make decisions on public health emergencies regardless of if a state of emergency has been declared. Giving cabinet the ability to vary or revise public health decisions during these emergencies is in line with the Ingram case.

UPDATED: Alberta government proposes changes to Public Health Act, with final decisions left in hands of politicians

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