Alberta
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Alberta
Lawyers ask Alberta court to allow businesses to seek damages from gov’t for COVID shutdown
From LifeSiteNews
If the case is allowed to proceed, any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders would be eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers, which ironically includes the business owners themselves.
Alberta business owners who faced massive losses or permanent closures due to COVID mandates might soon be able to proceed with a class-action lawsuit against the provincial government after lawyers representing the businesses were in court for a certification hearing.
The court heard from the business group’s lawyers regarding the lawsuit proposal, which comes from Alberta-based Rath & Company. 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.”
Well-known freedom-oriented constitutional lawyer Eva Chipiuk was with Rath in court for the certification hearing. In an X post on October 3, she shared that it was an “interesting two days in court arguing on behalf of businesses impacted by Alberta’s public health orders.”
“In the heart of democratic societies lies a fundamental principle: Justice must not only be done but must also be seen to be done. When justice systems operate in the open, public trust is maintained. People need to witness fairness, impartiality, and due process in action,” she wrote.
“When governments operate in the light of public scrutiny, they uphold not just the law but the trust of their citizens, ensuring that governance is not just a mechanism of power but a beacon of justice and equality.”
Chipiuk shared that a decision on whether or not the lawsuit will be allowed to proceed will be coming in a few months. She noted it will be “interesting how the judge decides in this case.”
“And will be very interesting how the government responds. They had an opportunity to get ahead of this issue but chose not to. We shall see if they took the right path or if they will be catching up and making up later,” she said.
Alberta Justice Colin Feasby noted at the end of the court certification hearing that both sides made good arguments, but the earliest a decision would be ready is December 1.
In court, representatives for the Alberta government eventually conceded that Ingram could be allowed to be a representative plaintiff but questioned whether Scott could be considering his case is more officially known.
Chipiuk and Rath told the judge that the government’s public health orders exceeded their legal authority and, as a result, all businesses affected by the COVID orders should be compensated.
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.
If the case is allowed to proceed, any business operator in Alberta from 2020 to 2022 who was negatively impacted by COVID orders would be eligible to join the lawsuit. Any payout from the lawsuit would come from the taxpayers, which ironically includes the business owners themselves.
The Alberta Court of King’s Bench’s Ingram v. Alberta decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province, which in effect has allowed the class action to get this far.
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 Johnson, 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.
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.
Class action is about ‘accountability, transparency, and justice,’ lawyer says
Before the hearing, Chipiuk said it is crucial for the public to “understand the significant impact of the unlawful public health orders on Albertans. The financial, psychological, and tragic consequences cannot be ignored.”
“At the end of the day, Premier Smith must recognize the gravity and optics of this situation. Fighting against those harmed by the Province’s unlawful orders, while the Province heavily favored the public sector over the private sector, does not foster an environment that encourages entrepreneurs or promotes business and investment in Alberta,” she wrote on X.
“This case calls for accountability, transparency, and justice. The Province must acknowledge the devastation caused by its illegal actions and stop evading responsibility. This case also presents an opportunity for Premier Smith to demonstrate to Albertans that government overreach will not go unnoticed, and those harmed by it will be compensated — principles that align with the proposed amendments to the Alberta Bill of Rights.”
Danielle Smith took over the United Conservative Party (UCP) on October 11, 2022, after winning the leadership. Kenney was ousted due to low approval ratings and for reneging on promises not to lock Alberta down as well as enacting a vaccine passport.
Smith, however, has been mum on the class action as well as other lawsuits against the government that are in the works. She has promised that changes will be coming to the Alberta Bill of Rights that she said will offer Albertans more protections against government overreach.
Alberta
New deal sees Alberta aggressively recruiting resident physicians from across Canada
Competitive compensation for resident physicians
A new compensation agreement for resident physicians has been reached, which will help to retain and recruit more physicians throughout Alberta.
Alberta’s government, in partnership with Alberta Health Services (AHS), the University of Alberta, University of Calgary and the Professional Association of Resident Physicians of Alberta has reached a four-year agreement that provides competitive and fair-market compensation for physicians in training.
The negotiated agreement provides wage increases of three per cent in each of the first two years, and two per cent in each of the last two years. It also includes market adjustments that put Alberta on par with other western Canadian medical schools.
Ensuring resident physicians receive competitive, fair-market compensation while they train and provide services across the province will help stabilize and strengthen acute health care today while bringing medical students and ultimately more physicians to the province to support the province’s future health needs.
“Alberta’s government is grateful for all the hard work resident physicians put in as they complete their training. We are pleased to see that a new agreement has been reached and look forward to more physicians calling Alberta home.”
“We are extremely grateful to all of our resident physicians, who play a vital role in caring for Albertans and supporting our front-line physicians and health care teams. This agreement will help us recruit medical students and encourage them to practise in this province.”
Rural and Remote Family Medicine Resident Physician Bursary Pilot Program
The agreement builds on actions Alberta’s government is taking to make the province a more attractive place for medical students and resident physicians to study and practise. On Oct. 3, Alberta’s government announced measures to improve health care in rural and remote communities through the new Rural and Remote Family Medicine Resident Physician Bursary Pilot Program. The bursary program is part of the province’s Rural Health Action Plan.
The pilot program will provide up to $8 million annually for the next two years to medical students in their final year of an undergraduate medical program when they are matched with a family medicine residency program at the University of Alberta or University of Calgary, or to residents currently completing a family medicine residency at either university regardless of their year of study. In return, bursary recipients will commit to delivering comprehensive patient care in eligible communities for three years after completing their residency.
“With this agreement, Alberta strengthens its position as an attractive destination for resident physicians across Canada. By enhancing compensation, training and working conditions, we ensure Alberta recruits and retains the brightest medical talent to serve our communities and shape the future of health care.”
“The University of Alberta is pleased collaborations with our partners have resulted in an agreement that reflects the critical impact resident physicians make in our health care system so all Albertans receive the care they need.”
“Remuneration, respect, retention and recruitment of rural generalists are key to elevating rural hospitals to becoming rural centres of excellence. With this agreement and bursary pilot program, the Alberta government is recognizing rural health as being different, requiring separate and unique solutions for our communities that are mutually beneficial in enhancing the health of rural Albertans.”
Quick facts
- Resident physicians have graduated medical school but are completing post-graduate training in a residency program to obtain their licence to practise. With residency programs requiring an additional two to seven years of post-graduate training, most resident physicians spend more than 10 years training to become fully licensed physicians and surgeons.
- The Professional Association of Resident Physicians of Alberta represents more than 1,660 resident physicians in Alberta.
- The current agreement between AHS, the University of Alberta, University of Calgary and the association ended on June 30, 2024.
- The resident physician agreement is funded by Alberta Health through a grant to AHS and the universities.
Related information
Related news
- Improving health care in rural and remote Alberta (Oct. 3, 2024)
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