Alberta
Cases against Ty Northcott Rodeo and Alberta pastors expected to crumble as court rules public health orders violated Charter rights
Alberta court strikes down public health orders that violated Charter freedoms
From the Justice Centre for Constitutional Freedoms
CALGARY, ALBERTA: The Justice Centre for Constitutional Freedoms is pleased with the Court of King’s Bench of Alberta’s decision to invalidate the public health orders of Dr. Deena Hinshaw, Chief Medical Officer of Health (CMOH), in Ingram v. Alberta. The court struck down these lockdown measures because they were effectively issued by Cabinet rather than by the CMOH. Dr. Hinshaw testified at trial that politicians were the final decision-making authority, and that she merely provided advice and recommendations.
With these health orders having been invalidated, it is expected that Crown prosecutors will need to withdraw charges against Ty Northcott/ Northcott Rodeo Inc., Pastor James Coates of Grace Life Church of Edmonton, Pastor Tim Stephens’ church, Fairview Baptist Church, and others.
The court’s ruling also confirms that lockdowns did violate Albertans’ fundamental freedoms of conscience, religion, association, and peaceful assembly protected in the Canadian Charter of Rights and Freedoms. In this court action, the Alberta government produced no comprehensive studies, reports or data analyzing lockdown harms. Without any comprehensive cost-benefit analysis, Justice Barbara Romaine nevertheless concluded that lockdowns were justified violations of Charter freedoms because they produced more good than harm.
Using the slogan “two weeks to flatten the curve,” the Alberta Government first declared a public health emergency in March of 2020, after which various Charter rights and freedoms were violated during the next two years. When Rebecca Ingram and other applicants filed their court action in December of 2020, the Alberta government had already been restricting Albertans’ rights to associate freely, assemble peacefully, and practice their religious beliefs for almost nine months. This was the first court challenge to lockdown measures in Alberta. In spite of Charter freedoms having already been violated for almost nine months, the court granted the Alberta government’s request to delay presenting its evidence until July of 2022.
In April 2022, Dr. Deena Hinshaw was cross-examined about what expert information she had at the time that these public health decisions were being determined. Dr. Hinshaw was specifically asked whether she was aware of any evidence of harms to elementary school children from being compelled to wear masks. Under oath, Dr. Hinshaw said no. Yet the court’s ruling in another case, C.M. v. Alberta, has revealed that Dr. Hinshaw did receive information about how children could be harmed by mandatory mask-wearing. A February 7, 2022 memo sent to Premier Jason Kenney, on which Dr. Hinshaw was copied, stated that masks can disrupt learning and interfere with children’s social, emotional, and speech development by impairing verbal and non-verbal communication, emotional signaling and facial recognition. Nevertheless, the Court dismissed an interlocutory application to compel Dr. Deena Hinshaw to re-attend court for further cross-examination.
“Significant injustice has taken place in the past three years under these draconian public health measures. We are hopeful this ruling will mean the withdrawal of charges against Pastor James Coates, Fairview Baptist Church, Ty Northcott, and other courageous citizens who refused to comply with unjust and utterly unscientific measures,” states John Carpay, President of the Justice Centre.
From CPAC on YouTube
In a virtual news conference, Danielle Smith, the premier of Alberta, discusses her meetings with U.S. President-elect Donald Trump in West Palm Beach, Florida. Smith met with Trump to discuss the incoming president’s repeated threats to impose a 25 per cent tariff on all products from Canada and Mexico.
Alberta
Judge reverses suspension against Alberta police officer for speaking at Freedom Convoy rally
From LifeSiteNews
The suspension without pay for Staff Sergeant Richard Abbott of the Edmonton Police Service was out of line and not at all ‘justifiable,’ Justice James Nelson of Alberta Court of King’s Bench ruled.
A policeman from Alberta won a decisive court victory after a judge overturned a ruling against him by his superiors that suspended him without pay because he spoke at a Freedom Convoy rally in 2022.
Justice James Nelson of Alberta Court of King’s Bench recently ruled that the punishment for Staff Sergeant Richard Abbott of the Edmonton Police Service (EPS) was out of line and not at all “justifiable.”
“While taking into account the higher standards placed by law on a police officer that can limit the officer’s freedom of expression compared to the freedom enjoyed by other citizens, we are left in my view with factual distinctions that could be drawn from the evidence,” Nelson wrote in his ruling.
The judge also noted that the “facts and evidence” in the case were not clear in justifying the suspension.
Abbott was a 26-year police veteran with a clean record and “no prior disciplinary misconduct.”
His suspension came in 2022 after he gave a videotaped speech at a local Freedom Convoy rally, of which many were being held at the time in solidarity with the truckers who descended upon Ottawa in protest of COVID dictates of all kinds.
Abbott opposed COVID jab mandates and was sympathetic to the peaceful Freedom Convoy movement.
Judge Nelson agreed with Abbott’s statements and overturned his suspension.
The now former EPS Chief Dale McFee cited Abbott with breach of Police Service Regulations, saying his actions for speaking in favor of the protests were “conduct of engaging in the political activity of the Freedom Convoy, which “interferes with and adversely influence decisions you are required to make in the performance of your duties.”
McFee claimed that Abbott’s actions undermined the EPS as well as his “colleagues” to ensure “proportionate and correct decisions are being made when dealing with protesters so our community is safe and secure.”
“Your actions also created a conflict of interest by using your status as a police officer in an attempt to further the cause of the Freedom Convoy. By publicly supporting a cause where the activities of this group involve illegal activities, this undermines public confidence that police will behave impartially,” McFee wrote.
The reality is the EPS had mistakenly claimed Abbott had attended a large border protest in Coutts, Alberta.
In court, Abbott was successful in arguing that the videotape of him was from a protest nowhere near Coutts and was instead in Milk River and that he never spoke in favor of the border blockade protests.
In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government invoked the Emergencies Act (EA) on February 14. Trudeau revoked the order on February 23.
The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.
Tamara Lich and Chris Barber, the main leaders of the Freedom Convoy, as reported by LifeSiteNews, will receive their verdict on March 12.
They both face a possible 10-year prison sentence. LifeSiteNews has reported extensively on their trial.
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