The province will be called on to defend its public health measures as court proceedings resume Thursday in the civil trial arising from a constitutional challenge launched more than a year ago..Lawyer Leighton Grey — on behalf of the Justice Centre for Constitutional Freedoms (JCCF) — and Jeff Rath, of Rath and Company, are representing three people named as applicants in the lawsuit along with two Alberta Churches..The churches include Heights Baptist Church in Medicine Hat and Northside Baptist Church in Calgary..The constitutional challenge — launched in December 2020 — asserts the Alberta government’s public health orders are unlawful and are in violation of the Alberta Bill of Rights..At that time, a filing for an injunction was dismissed by Court of Queen’s Bench Justice Anne Kirker. The injunction was to temporarily stay public health rules applied to limit capacity on church gatherings, ban social gatherings and in-person dining..Kirker denied the request for an injunction saying the public health measures were in the public’s best interest considering the risk of COVID-19..The case was delayed several times by the Alberta government, finally submitting its evidence to justify its lockdown measures in July 2021. At that time, Chief Medical Officer of Health Dr. Deena Hinshaw was scheduled to be cross-examined on September 27 and 28 in the trial..“For more than 18-months, Dr. Hinshaw issued orders which close houses of worship and all kinds of businesses, saw pastors thrown in jail for holding church services, prevent social gatherings, restrict movement, and even prohibit peaceful outdoor protest against her draconian and sometimes irrational measures,” said then litigation director Jay Cameron with the JCCF..Shortly before trial was to start on September 20, another adjournment was requested by the government’s lawyers claiming Hinshaw was too busy managing the “fourth wave” to come to court to which the JCCF “reluctantly” agreed to the adjournment..The following Tuesday, the court and the JCCF were notified by the Crown “Dr. Hinshaw intends to take three days away from her role as the Chief Medical Officer of Health at the end of this week.”.“So, for the days she was scheduled to be cross-examined, she has now taken time off,” said Cameron..The Crown acknowledged that “Dr. Hinshaw’s decision to take time off may appear to conflict with the representations” made to the court that resulted in the adjournment of the trial..Ahead of Thursday’s resumption of proceedings in the Court of Queen’s Bench of Alberta, current lawyers for the plaintiffs, Rath and Grey, had requested Justice Barbara E.C. Romaine compel Dr. Deena Hinshaw to attend in person for cross-examination..Romaine denied the request and said she will not require any witness to testify in person with “the current state of the virus” especially those required to travel to attend the hearings..Based on a schedule provided to the Western Standard by the plaintiffs’ lawyers, Hinshaw will be cross-examined next week on Wednesday and Thursday. The trial is scheduled to last for up to two weeks..Opening statements were heard throughout the morning along with the start of the cross-examination of Dr. Jayanta Bhattacharya, a professor of Medicine at Standford University, an expert witness for the applicants..Melanie Risdon is a reporter with the Western Standard.,.mrisdon@westernstandardonline.com
