Justice Grant Dunlop in C.M. v. Alberta may have succeeded in invalidating every order issued by Chief Medical Officer of Health (CMOH) Deena Hinshaw throughout the pandemic. Because Justice Dunlop issued a broad declaration a particular interpretation of the Public Health Act based on the “slavishly,” “unreasonable” view the CMOH was not the decision-maker and that cabinet was the decision maker, every CMOH order issued throughout the pandemic was likely illegal on the basis of that decision..In the Ingram case, Hinshaw swore in Paragraph 29 of her affidavit “the Chief Medical Officer of Health is not the final decision-maker.” This means all the CMOH orders in that case, up to July of 2021, are likely similarly illegal..It's important to note the bizarre interpretations of the C.M. v. Alberta decision the NDP and their Trudeau-Singh-paid media are spinning do not reimpose masks on children or give school boards the right to mask children..The court issued a declaration at Para. 132 stating:.“… the (CMOH) order was unreasonable because it was based on an interpretation of the Public Health Act as giving final authority over public health matters to elected officials.”.At Para. 85, Justice Dunlop went so far as to say the manner in which the CMOH orders were promulgated was “slavish." To the extent this calls into question Dr. Hinshaw’s professional conduct, could this even constitute clear grounds to suspend her pending a complete review of her conduct throughout the pandemic?.Justice Dunlop also ruled at Para. 133 “minister LaGrange’s statement did not prohibit school boards from imposing mask mandates in schools" does not say school boards can impose mask mandates or the government legally can’t prohibit school boards from doing this through a vehicle other than a mere ministerial statement..It's clear from Para. 96 of the decision the government can prohibit school masking “by regulation” (emphasis in the decision) which could easily exclude those children whose parents wish them to continue masking, which is the present status quo in any event..At Para. 134, the Charter claims were completely dismissed. They were dismissed for lack of evidence. At Para. 104 Dunlop states: “The evidence does not establish any of the applicant children [were] in fact at heightened risk of any negative outcome should they contract COVID.”.This case has been completely mischaracterized and is being used by the NDP, the NDP allied unions and the NDP-Liberal funded media to stoke fear and confusion..It's clear the NDP-appointed Hinshaw abdicated her professional obligations and “slavishly” followed “superior orders.” Deena Hinshaw’s conduct has likely invalidated every CMOH order issued throughout the pandemic and created the largest legal mess in the history of the Province of Alberta..Regardless of your views on whether decisions of the type made by Hinshaw should be made by unelected doctors without any real knowledge of the economy and the degree to which economic devastation actually kills people, we can all agree Hinshaw and Kenney created a mess that will take years to sort out. Kenney already been fired — it’s time for Hinshaw to follow him out the door..Justice Dunlop did not endorse Hinshaw “slavishly” thinking she could completely abdicate her medical decision-making role to Jason Kenney on the basis he was an “elected official.” It was as if Hinshaw, who claimed we were all her “patients,” was a surgeon talking to a patient saying: “There are three surgical options available, but before I decide which option I’m going to impose on you without your informed consent, I need to call the premier and find out if the public opinion polls suggest that you are to live or die”..Sec. 29 of the Public Health Act was never intended to be used to shut down the provincial economy and devastate the businesses, homes and churches of healthy people out of a misguided desire to please hypochondriacs and people who were terrorized by government-directed psychological warfare tactics and government COVID propaganda..Claims a respiratory illness with an overall .04% mortality rate and with a mortality rate well below that of seasonal colds or influenza (for healthy people under 70 years of age) would bring an end to civilization as we knew it have now been entirely de-bunked. Little or no data exists to support the claimed effectiveness of government non-pharmaceutical intervention measures. .Lawyers for Rebecca Ingram made it clear from the outset of that case Hinshaw was engaged in a gross over-reach of her powers under Sec. 29 of the Public Health Act..Col. Lt. Col David Redman, former Head of Emergency Management Alberta, provided sworn evidence the COVID response should have been made legally under the Emergencies Act with a whole-of-government approach that would have minimized impacts on the provincial economy. Instead, likely out of political cowardice and a desire to have someone to blame, Kenney, Shandro and Copping hid behind Deena Hinshaw so they could point fingers at her for the failed COVID response..The Alberta COVID response took the form of an apparent medical tyranny directed by Hinshaw, aided by the ineffective “Scientific Advisory Group,” Alberta Health Services and with the College of Physicians and Surgeons as their enforcement arm..The “Blame Hinshaw Plan” effectively blew up in their faces when Hinshaw threw them all under the bus by invoking the defence of “I was just following superior orders,” by repeatedly swearing under oath she was “not the final decision-maker.” This is why a public inquiry needs to be held sooner, rather than later..Given the obvious conflict of interest, neither Attorney General Shandro nor Health Minister Jason Copping should be involved in that decision..Smith needs to internalize Justice Dunlop’s decision and realize the decision is being entirely mischaracterized by the NDP and their allies in the Singh-Trudeau media..The Public Health Act requires immediate amendment to ensure no future government can allow a CMOH to exercise the powers of provincial dictator while hiding behind a claim that he or she was just following “superior orders.”.Jeffrey R.W. Rath B.A. (Hons.), LL.B. (Hons.) is legal counsel to Rebecca Ingram.
