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Alberta

Business owners receive court approval to proceed with COVID lawsuit against Alberta gov’t

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4 minute read

From LifeSiteNews

By Anthony Murdoch

A judge ruled that businesses impacted by COVID lockdowns are allowed to claim compensation for harm and losses incurred due to the provincial chief medical officer’s illegal orders.

A class-action lawsuit on behalf of dozens of Canadian business owners in Alberta who faced massive losses or permanent closures due to COVID mandates has been given the go-ahead to proceed by a judge.

Lawyers representing businesses from Alberta-based Rath & Company announced in a press release on October 30 that it was “successful in its application for certification on behalf of Alberta business owners impacted by Covid-19 restrictions and closures imposed through Chief Medical Officer of Health (“CMOH”) Orders.”

“Justice Feasby of the Court of King’s Bench of Alberta released his decision today certifying the class action in Ingram v Alberta, 2024 ABKB 631,” Rath & Company said.

Lead counsel Jeffrey Rath said the Alberta government has been placed on notice for its actions against businesses during the COVID lockdown era.

The Rath lawsuit proposal names Rebecca Ingram, a gym owner, and Chris Scott, a restaurant owner, as “representative plaintiffs who suffered significant financial harm due to (former Alberta Chief Medical Officer) Dr. (Deena) Hinshaw’s Public Health Orders.”

According to Rath, the class action seeks to certify that “affected Alberta business owners who suffered losses due to the CMOH orders, which were found to be ultra vires — outside legal authority and therefore unlawful — under Alberta’s Public Health Act (“PHA”).

“As a result, the Court Certified multiple claims, including negligence, bad faith and misfeasance in public office. The Court allowed affected businesses to claim compensation for harm and losses incurred due to the illegal CMOH Orders including punitive damages,” Rath said.

Any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders is now eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers.

The government’s legal team claimed that the COVID orders were put in place on a good faith initiative and that it was Alberta Health Services, not the government, that oversaw enforcement of the rules.

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

Thus far, Dr. Michal Princ, pizzeria owner Jesse JohnsonScott, 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.

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 for a time. Many never reopened. At the same time, as in the rest of Canada, big box stores were allowed to operate unimpeded.

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Alberta

B.C. would benefit from new pipeline but bad policy stands in the way

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From the Fraser Institute

By Julio Mejía and Elmira Aliakbari

Bill C-69 (a.k.a. the “no pipelines act”) has added massive uncertainty to the project approval process, requiring proponents to meet vague criteria that go far beyond any sensible environmental concerns—for example, assessing any project’s impact on the “intersection of sex and gender with other identity factors.”

In case you haven’t heard, the Alberta government plans to submit a proposal to the federal government to build an oil pipeline from Alberta to British Columbia’s north coast.

But B.C. Premier Eby dismissed the idea, calling it a project imported from U.S. politics and pursued “at the expense of British Columbia and Canada’s economy.” He’s simply wrong. A new pipeline wouldn’t come at the expense of B.C. or Canada’s economy—it would strengthen both. In fact, particularly during the age of Trump, provinces should seek greater cooperation and avoid erecting policy barriers that discourage private investment and restrict trade and market access.

The United States remains the main destination for Canada’s leading exports, oil and natural gas. In 2024, nearly 96 per cent of oil exports and virtually all natural gas exports went to our southern neighbour. In light of President Trump’s tariffs on Canadian energy and other goods, it’s long past time to diversify our trade and find new export markets.

Given that most of Canada’s oil and gas is landlocked in the Prairies, pipelines to coastal terminals are the only realistic way to reach overseas markets. After the completion of the Trans Mountain Pipeline Expansion (TMX) project in May 2024, which transports crude oil from Alberta to B.C. and opened access to Asian markets, exports to non-U.S. destinations increased by almost 60 per cent. This new global reach strengthens Canada’s leverage in trade negotiations with Washington, as it enables Canada to sell its energy to markets beyond the U.S.

Yet trade is just one piece of the broader economic impact. In its first year of operation, the TMX expansion generated $13.6 billion in additional revenue for the economy, including $2.0 billion in extra tax revenues for the federal government. By 2043, TMX operations will contribute a projected $9.2 billion to Canada’s economic output, $3.7 billion in wages, and support the equivalent of more than 36,000 fulltime jobs. And B.C. stands to gain the most, with $4.3 billion added to its economic output, nearly $1 billion in wages, and close to 9,000 new jobs. With all due respect to Premier Eby, this is good news for B.C. workers and the provincial economy.

In contrast, cancelling pipelines has come at a real cost to B.C. and Canada’s economy. When the Trudeau government scrapped the already-approved Northern Gateway project, Canada lost an opportunity to increase the volume of oil transported from Alberta to B.C. and diversify its trading partners. Meanwhile, according to the Canadian Energy Centre, B.C. lost out on nearly 8,000 jobs a year (or 224,344 jobs in 29 years) and more than $11 billion in provincial revenues from 2019 to 2048 (inflation-adjusted).

Now, with the TMX set to reach full capacity by 2027/28, and Premier Eby opposing Alberta’s pipeline proposal, Canada may miss its chance to export more to global markets amid rising oil demand. And Canadians recognize this opportunity—a recent poll shows that a majority of Canadians (including 56 per cent of British Columbians) support a new oil pipeline from Alberta to B.C.

But, as others have asked, if the economic case is so strong, why has no private company stepped up to build or finance a new pipeline?

Two words—bad policy.

At the federal level, Bill C-48 effectively bans large oil tankers from loading or unloading at ports along B.C.’s northern coast, undermining the case for any new private-sector pipeline. Meanwhile, Bill C-69 (a.k.a. the “no pipelines act”) has added massive uncertainty to the project approval process, requiring proponents to meet vague criteria that go far beyond any sensible environmental concerns—for example, assessing any project’s impact on the “intersection of sex and gender with other identity factors.” And the federal cap on greenhouse gas (GHG) emissions exclusively for the oil and gas sector will inevitably force a reduction in oil and gas production, again making energy projects including pipelines less attractive to investors.

Clearly, policymakers in Canada should help diversify trade, boost economic growth and promote widespread prosperity in B.C., Alberta and beyond. To achieve this goal, they should put politics aside, focus of the benefits to their constituents, and craft regulations that more thoughtfully balance environmental concerns with the need for investment and economic growth.

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Alberta

Alberta introduces bill allowing province to reject international agreements

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From LifeSiteNews

By Anthony Murdoch

Under the proposed law, international treaties or accords signed by the federal government would not apply in Alberta unless approved through its own legislation.

Alberta’s Conservative government introduced a new law to protect “constitutional rights” that would allow it to essentially ignore International Agreements, including those by the World Health Organization (WHO), signed by the federal Liberal government.

The new law, Bill 1, titled International Agreements Act and introduced Thursday, according to the government, “draws a clear line: international agreements that touch on provincial areas of jurisdiction must be debated and passed into law in Alberta.”

Should the law pass, which is all but certain as Alberta Premier Danielle Smith’s Conservatives hold a majority government, it would mean that any international treaties or accords signed by the federal government would not apply in Alberta unless approved through its own legislation.

“As we return to the legislature, our government is focused on delivering on the mandate Albertans gave us in 2023 to stand up for this province, protect our freedoms and chart our path forward,” Smith said.

“We will defend our constitutional rights, protect our province’s interests and make sure decisions that affect Albertans are made by Albertans. The federal government stands at a crossroads. Work with us, and we’ll get things done. Overstep, and Alberta will stand its ground.”

According to the Alberta government, while the feds have the “power to enter into international agreements on behalf of Canada,” it “does not” have the “legal authority to impose its terms on provinces.”

“The International Agreements Act reinforces that principle, ensuring Alberta is not bound by obligations negotiated in Ottawa that do not align with provincial priorities,” the province said.

The new Alberta law is not without precedent. In 2000, the province of Quebec passed a similar law, allowing it to ignore international agreements unless approved by local legislators.

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