Connect with us

Alberta

Alberta fighting federal “unconstitutional intrusion” into provincial jurisdiction

Published

5 minute read

Alberta to fight federal plastics ban once more

Alberta’s government will continue defending the province’s constitutional jurisdiction and economy by intervening in Ottawa’s appeal of the Federal Court’s ruling on plastics.

On Nov. 16, the Federal Court of Canada ruled that the federal order-in-council classifying plastics as toxic is not only unreasonable but unconstitutional. The federal government has chosen to appeal this decision, ignoring calls from Alberta and others to accept the court’s decision.

As a result, Alberta’s government will participate in the appeal and will argue that the federal government’s decision to label plastic as a “toxic substance” is an unconstitutional intrusion into provincial jurisdiction.

“It is past time for Ottawa to listen. We have told them they are overreaching their jurisdiction, the private sector has told them so, and so have both the Supreme Court and the Federal Court. Ottawa cannot assume regulatory authority over any substance simply by designating it as toxic. We will continue to push back against Ottawa’s unconstitutional actions, including through this legal action, until they listen.”

Danielle Smith, Premier

The toxic designation and bans have also had a detrimental impact on Alberta’s economy. Alberta’s Industrial Heartland Association estimates the designation will potentially jeopardize more than $30 billion in capital investment in the petrochemical sector by 2030. Those risks would also put Albertan and Canadian workers at risk of losing their jobs.

“The Federal Court clearly ruled that the federal government’s plastics ban policies were unconstitutional. The federal government’s environmental policies and constitutional overreach have been heavily criticized and this ruling further confirms the indisputable nature of provincial jurisdiction in these matters. We are intervening in this appeal and will continue to participate wherever and whenever necessary to protect Alberta’s interests.”

Mickey Amery, Minister of Justice

In addition to intervening in the appeal, Alberta will monitor any further legal action taken to remove plastic manufactured items from the current Schedule 1 of the Canadian Environmental Protection Act. Several Calgary-based companies producing compostable plastic bags are now caught in the ban and will be barred from supplying Calgarians with low-emissions alternatives to traditional plastic shopping bags.

“Instead of listening to the courts and to Canadians, the federal government has chosen overreach once again. We will continue standing up for our constitutional jurisdiction while focusing on more effective ways to reduce plastic waste and keep it out of landfills.”

Rebecca Schulz, Minister of Environment and Protected Areas

Alberta is committed to reducing plastic waste through initiatives like extended producer responsibility, which encourages businesses to find new ways to recycle materials and reduce waste. The province also advocates for strategies that create economies of scale, promote recycled content and develop local markets for transformed plastic waste.

Quick facts

  • On April 23, 2021, the administrator in council issued an order-in-council directing that “plastic manufactured items” be added to Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA).
  • The category of plastic manufactured items includes every piece of plastic that enters Alberta.
  • Once a substance is designated as toxic under CEPA, CEPA allows the federal government to make regulations regulating every aspect of that substance’s life, from manufacture to sale to use and to disposal.
  • Canada subsequently enacted the Single-use Plastics Prohibition Regulations (SUPPR) prohibiting the manufacture, import and sale of six single-use plastics. SUPPR is only valid if “plastic manufactured items” is listed as toxic on Schedule 1 of CEPA.
  • The Responsible Plastic Use Coalition, Dow, Imperial Oil and Nova applied for a judicial review of the order. They challenged it as unreasonable on administrative law grounds and as unconstitutional on division of powers grounds.
  • On Sept. 7, 2022, Alberta intervened in the application to address the constitutional questions. Saskatchewan intervened on Oct. 24, 2022.
  • The application was heard March 7-9, 2023, and the court reserved its decision.
  • On Nov. 16, the federal Court of Canada issued its decision. Justice Angela Furlanetto concluded that the order adding “plastic manufactured items” to the Schedule 1 was both unreasonable from an administrative law perspective, and unconstitutional.

Alberta

Canadian Christian chiropractor fights ‘illegal’ $65,000 fine for refusing to wear mask

Published on

From LifeSiteNews

By Anthony Murdoch

Dr. Curtis Wall went against the College of Chiropractors of Alberta’s COVID mask mandate in 2020 and the organization has been pursuing disciplinary action ever since.

The legal team for Dr. Curtis Wall, a Canadian chiropractor who was recently fined $65,000 by his medical college for not wearing a mask in 2020 despite the fact public health orders last year were nullified by a court, has vowed to fight the “illegal” fine, saying that Wall was targeted because he is a “Christian man of integrity and principle.”

“Dr. Wall should not pay any fines or costs when the public health orders he was charged with not following have been declared void by the courts,” said Wall’s legal team, Liberty Coalition Canada (LCC), in a press release.

“He is a Christian man of integrity and principle — attributes that make him a target for government overreach in the era of COVID.”

Wall was practicing in Calgary in 2020 when the COVID crisis was gearing up, went against Alberta’s public health orders and chose not to wear a mask during patient visits. Many of his patients also decided to not wear masks during their visits, which quickly drew the ire of College of Chiropractors of Alberta, which had mandated that all chiropractors wear masks.

Wall, who has been seeing patients for the last 25 years with a pristine record, was then targeted by the College, which tried to strip him of his license to practice. The College was unable to strip Wall of his license and he continued to practice, sans mask in 2021 and 2022.

In 2021, the College had brought against Wall, as per the LCC, “a long list of charges of unprofessional conduct against Dr. Wall, most of which related to Dr. Wall not wearing a mask while treating patients and permitting his patients to not wear a mask.”

Wall was then brought before a disciplinary hearing Tribunal to mediate his case, which went well into 2022, and had placed a publication ban on all “identities of all witnesses,” including Wall’s.

James Kitchen, Wall’s lawyer from the LCC, was successful in getting the publication ban lifted, as the LCC noted due to the College “wishing to avoid likely defeat before the courts” regarding keeping the ban in place.

Fined chiropractor says college did not recognize his ‘Christian convictions’

The Tribunal’s decision noted the LCC is “riddled with errors of fact and law and is so poorly decided it is an embarrassment to the chiropractic profession.”

Wall spoke with LifeSiteNews and observed that while in his point of view he does not feel his fines and costs imposed on him by the college “are a direct result of my Christian faith,” he did note that the tribunal did “not recognize my honest Christian convictions as a valid reason for my not wearing a mask.”

“They put placed no merit in the argument that as a Christian I believe I am created in the image of God,” Wall said.

“My face is an expression of Him. Having man arbitrarily mandate that I cover my face is an affront to that expression and signifies that I am living in the fear of man, not by faith.  So, in all, I don’t feel directly persecuted as a Christian, but certainly indirectly.”

Wall told LifeSiteNews that in his opinion the college could have “handled this issue much differently.”

“There must always be room for exceptions to a rule. I did present a doctor’s note to verify my inability to wear a mask. They did not place any weight on that note. They blamed me for ‘self-diagnosing’ my problem,” Wall said.

“Number one, I’m a doctor. I think eight years of schooling has given me some wisdom to diagnose my own signs and symptoms. Number two, if someone eats a peanut and their throat swells shut, can they not diagnose themselves and stay away from nuts? It’s not a problem to self-diagnose.”

Wall said that despite his legal team presenting four expert witnesses to demonstrate “the obvious inadequacy and lack of efficacy in mask-wearing, not to mention the harms as well,” the college “did not cite the record once in their verdict.”

He noted that “common sense, science and past and present studies overwhelmingly demonstrate” the lack of efficacy regarding mask-wearing.

The LCC noted that although both Kitchen and Wall hoped for an “unbiased decision from the tribunal,” they knew it was more “likely the tribunal members would lack the courage to oppose the government’s COVID narrative by accepting the scientific evidence masks are utterly ineffective at preventing the transmission of COVID and harmful to wearers.”

“Nonetheless, it is shocking the lengths the tribunal went to dismiss the evidence of Dr. Wallthree of his patients, and his four expert witnesses while blithely accepting all the evidence of the College.”

Wall’s charges laid despite a recent court ruling nullifying all Alberta COVID health orders

According to LCC, the charges brought against Wall show that the College of Chiropractors of Alberta has “ignored the law” relating to non-criminal COVID-era charges handed out in the province.

As reported by LifeSiteNews before, last year a judge from Alberta ruled that politicians violated the province’s health act by making decisions regarding COVID mandates without authorization. This ruling came from the Alberta’s Court of Kings Bench’s Ingram v. Alberta decision, which put into doubt all cases involving those facing non-criminal COVID-related charges in the province. In effect, the ruling struck down and nullified all health orders issued by Dr. Deena Hinshaw, Alberta’s former chief medical officer of health.

As a result, multiple people facing charges, such as Dr. Michal Princ, pizzeria owner Jesse Johnson, café owner Chris Scott, and Alberta pastors James Coates, Tim Stephens, and Artur Pawlowski who were jailed for keeping churches open under then-Premier Jason Kenney, have had COVID charges against them dropped due to the court ruling.

The Alberta’s Court of Kings Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province.

As a result of the court ruling, Alberta Crown Prosecutions Service (ACPS) said Albertans facing COVID-related charges will likely not be convicted but instead have their charges stayed.

However, last year, the College, and of important note after the Ingram ruling, ordered Wall to pay $65,000 in fines and costs “under threat of immediately losing his license to practice if he does not pay,” the LCC said.

Chiropractor’s lawyer to fight fine tooth and nail

According to the LCC, the College’s new complaints director said she will enforce the tribunal’s court-defying order and mandate Wall pay the $65,000.

Because of this, Kitchen submitted an application to the College “to prevent this injustice” against Wall, the LCC noted.

“The Application will be heard on June 21. It will be heard virtually and is open to public, although the College has erected a number of barriers to people attending its hearings. For one, people must register with the hearings director and must do so many days in advance,” he told LifeSiteNews.

“The Tribunal elected to ignore the Ingram decision despite issuing its decision over two weeks after Ingram was released by the Court.”

Kitchen noted that the Tribunal had a lawyer advising it who was being paid some $700 an hour. He told LifeSiteNews that “Tribunals can do whatever they want and often do.”

“Only if the affected person takes further legal action can they hold the Tribunals accountable. And even then, that’s very difficult because the first appeals are to the councils of the Colleges, which almost always rubber stamp whatever the Tribunals decide. Real accountability isn’t had until the impugned professional is able to reach the Court of Appeal, which of course takes years and an enormous amount of funding for lawyer fees,” Kitchen said.

Kitchen is working Wall’s case at discounted rates and noted that high legal costs in such cases dealing with tribunals, who can drag things on for years, to him appear to be a tactic the Colleges count on for “avoiding accountability.”

The LCC estimates the College, which is funded through payments from all chiropractors, paid some $600,000 in legal fees to fight Wall.

“LCC asks supporters to donate toward Dr. Wall’s case so he and Mr. Kitchen can hold the College of Chiropractors of Alberta accountable and bring an end to the unjust persecution of Dr. Curtis Wall. Liberty Coalition Canada is assisting Dr. Wall with his legal expenses through the Legal Defense Fund.”

Kenney quit after losing the confidence of his United Conservative Party (UCP) members for backtracking on his promise to not impose a COVID vaccine passport. Under Kenney, thousands of businesses, notably restaurants and small shops, were negatively impacted by severe COVID restrictions, mostly in 2020-21, that forced them to close their doors for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.

Under Kenney, thousands of nurses, doctors, healthcare and government workers lost their jobs for choosing to not get the jabs, leading Premier Danielle Smith to say – only minutes after being sworn in – that over the past year the “unvaccinated” were the “most discriminated against” people in her lifetime.

Recently, LifeSiteNews reported on how Alberta-based Rath & Company is in the process of putting together a class-action lawsuit against the Alberta government on behalf of many business owners in the province who faced massive losses or permanent closures from what it says were “illegal” COVID public health orders enacted by provincial officials.

Continue Reading

Alberta

Expansion planned for Centre for Innovation in Manufacturing at Red Deer Polytechnic

Published on

Investing in innovation at Red Deer Polytechnic

Alberta’s government is expanding student capacity and creating a modern learning environment at Red Deer Polytechnic that will help graduates succeed in the economy of tomorrow.

To support emerging opportunities for students, Alberta’s government will invest $12.9 million to expand the Centre for Innovation in Manufacturing Technology Access Centre (CIM-TAC) at Red Deer Polytechnic (RDP). CIM-TAC is an applied research and innovation centre that gives companies access to state-of-the-art prototyping and manufacturing equipment, along with a multi-disciplinary team with the expertise to turn brilliant ideas into market-ready products.

As Alberta’s economy grows and diversifies, job creators will increasingly seek employees with the skills required to work in advanced manufacturing.

Construction will begin in early 2025 and will increase the centre’s applied research, education and training capacity. The expanded CIM-TAC will grow to provide work-integrated learning opportunities for an estimated 450 post-secondary students and training through workshops and events to an additional 2,000 students annually by 2030. Additionally, more than 500 junior and senior high school students will take part in dual credit programs at the CIM-TAC.

“Investing in this expansion of CIM-TAC will give students at RDP access to cutting-edge technology and skills to succeed in the economy of tomorrow. The strategic investments we’re making in Budget 2024 are part of a forward-looking path to support the goals of our post-secondary institutions, grow Alberta’s economy and create jobs.”

Rajan Sawhney, Minister of Advanced Education

“The expansion will allow Alberta-based manufacturers across multiple sectors to have greater ability to develop, test and scale their ideas. Students will be engaged at the forefront of made-in-Alberta technologies and manufacturing solutions.This investment will help meet high demand from entrepreneurs and industry for applied research and will take the facility beyond its current capabilities to become an advanced technology training and hands-on learning centre.”

Nate Horner, President of Treasury Board and Minister of Finance

“This expansion project will build on the CIM-TAC’s 15 years of success and leverage the centre’s industry partnerships and manufacturing expertise to provide even more capacity for applied research, as well as education, training and work-integrated learning opportunities for students. We thank the Government of Alberta for this investment that will benefit not only RDP students and researchers, but also the entire central Alberta region and its critical industries like health care, agriculture, energy and construction.”

Stuart Cullum, president, Red Deer Polytechnic

“Manufacturing and advanced manufacturing are driving job-creation, economic growth and made-in-Alberta solutions that improve the lives of people around the world and right here at home. The funding to expand RDP’s CIM-TAC is an investment that will allow Alberta companies greater access to the tools, technology and next generation of skilled talent that will allow our industry to solve real-world challenges, develop better products and ultimately increase productivity.”

Darryl Short, CEO, Karma Machining and Manufacturing, and president, Karma Medical Products  

Quick facts

  • The expansion of CIM-TAC at RDP will support a variety of sectors through advanced manufacturing capabilities, including energy innovation, transportation, aviation and agriculture. The centre will also support RDP’s future expansion into more medical device manufacturing and health-care innovations to support both patients and providers.
  • RDP’s expansion of the CIM-TAC will grow the facility’s footprint from 15,000 square feet to 25,000 square feet.
  • The CIM-TAC currently houses $7.6 million of advanced manufacturing equipment.
  • In 2022, RDP attracted more than $2 million in applied research investment. RDP also completed 64 projects for 57 companies and participated in more than 1,300 engagements with industry partners.
  • Since the CIM-TAC’s inception in 2009, RDP has supported more than 300 industry partners (including repeat clients).
Continue Reading

Trending

X