Former UCP-now-independent MLA Todd Loewen is questioning why the provincial government is continuing to use executive orders, instead of bringing issues into the legislature for debate..In a Facebook video, Loewen said the Public Health Act in Alberta and the powers given to the provincial government when a state of emergency is enacted has now expired..The provincial state of emergency lapsed last week..“The Public Health Act is an Alberta law that gives the government certain powers and especially extreme powers in the event of a public health emergency,” said Loewen..“These are powers, like allowing warrantless entry to private property or even taking personal property or issuing various emergency orders like those we’ve seen from the Chief Medical Officer Dr. Deena Hinshaw.”.Loewen went on to explain the government is permitted to enact these powers in the event of a serious public health problem to ensure it’s able to perform certain duties even if the legislature is unable to gather..Loewen said the Public Health Act “gives the government very authoritarian powers” that should only be used in what he calls “the most serious disasters” because they bypass the power of the legislature..“By design, they are not democratic,” said Loewen. .“I’d also argue that this power has been abused by a government that prefers to govern by executive order rather than through your executive representatives in the legislature.”.Section 52.1 of the Public Health Act also states cabinet is able to declare a State of Emergency which lasts for 90 days in the case of an influenza pandemic. Any extension to the 90 days would require a resolution of the assembly to be voted on by MLAs..Loewen confirmed he had not seen the resolution presented to MLAs in the legislature and indicated to the best of his knowledge, “this order has lapsed and there is no justification for extending it.” .Loewen also points out vaccine passports and other restrictions were never introduced in the legislature for MLAs to vote on..“The premier and cabinet did all these things by executive authority made possible by their emergency declaration,” said Loewen..“Let’s be clear, the emergency is over. The switch has been flipped off yet the government is giving everyone the impression that their powers last indefinitely,” said Loewen..The Western Standard spoke with lawyer Jeffrey Rath of Rath & Company on the lifting of the state of emergency in Alberta..“It certainly puts all of these COVID mandates on even shakier ground than before,” said Rath..“Given the government has allowed the state of emergency to lapse indicates the government itself sees this is no longer an emergency..“Yet, our Chief Medical Officer of Health (CMOH) Dr. Deena Hinshaw, regardless of what the government thinks, believes Albertans continue to need to be micromanaged by her as she continues to put out orders under section 29 of the Public Health Act.”.Within days of the government lifting the state of emergency in Alberta, Hinshaw introduced two new CMOH Orders — Order 54-2021 and Order 55-2021 — allowing for the continuation of the face mask and social distancing mandates, proof of vaccination or proof of negative COVID-19 test to access public spaces and the option for eligible businesses to participate in the Restriction Exemption Program (REP). .Under section 29(2.1) of the Public Health Act, the order states Hinshaw has the “authority by order to prohibit a person from attending a location for any period and subject to any conditions that I consider appropriate, where I have determined the person engaging in that activity could transmit an infectious agent. I also have the authority to take whatever other steps that are, in my opinion, necessary in order to lessen the impact of the public health emergency.”.“This is not a government operating democratically. This is not a government accountable to the people or the law,” said Loewen, who advised people to continue to demand answers and “resist the undemocratic impulses of this deeply unaccountable government.”.Loewen advised viewers to question their MLAs on what should happen now following the lapse of the state of emergency..Melanie Risdon is a reporter for the Western Standard.,.mrisdon@westernstandardonline.com
