Alberta
Business owners receive court approval to proceed with COVID lawsuit against Alberta gov’t
From LifeSiteNews
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.
The Alberta Court of King’s Bench’s Ingram v. Alberta decision cast into doubt all cases involving those facing non-criminal COVID-related charges in the province, allowing 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.
Alberta
New pipeline from Alberta would benefit all Canadians—despite claims from B.C. premier
From the Fraser Institute
The pending Memorandum of Understanding between the Carney government and the Alberta governments will reportedly support a new oil pipeline from Alberta’s oilsands to British Columbia’s tidewater. But B.C. Premier David Eby continues his increasingly strident—and factually challenged—opposition to the whole idea.
Eby’s arguments against a new pipeline are simply illogical and technically incorrect.
First, he argues that any pipeline would pose unmitigated risks to B.C.’s coastal environment, but this is wrong for several reasons. The history of oil transport off of Canada’s coasts is one of incredible safety, whether of Canadian or foreign origin, long predating federal Bill C-48’s tanker ban. New pipelines and additional transport of oil from (and along) B.C. coastal waters is likely very low environmental risk. In the meantime, a regular stream of oil tankers and large fuel-capacity ships have been cruising up and down the B.C. coast between Alaska and U.S. west coast ports for decades with great safety records.
Next, Eby argues that B.C.’s First Nations people oppose any such pipeline and will torpedo energy projects in B.C. But in reality, based on the history of the recently completed Trans Mountain Expansion (TMX) pipeline, First Nations opposition is quite contingent. The TMX project had signed 43 mutual benefit/participation agreements with Indigenous groups along its route by 2018, 33 of which were in B.C. As of March 2023, the project had signed agreements with 81 out of 129 Indigenous community groups along the route worth $657 million, and the project had resulted in more than $4.8 billion in contracts with Indigenous businesses.
Back in 2019, another proposed energy project garnered serious interest among First Nations groups. The First Nations-proposed Eagle Spirit Energy Corridor, aimed to connect Alberta’s oilpatch to a port in Kitimat, B.C. (and ultimately overseas markets) had the buy-in of 35 First Nations groups along the proposed corridor, with equity-sharing agreements floated with 400 others. Energy Spirit, unfortunately, died in regulatory strangulation in the Trudeau government’s revised environmental assessment process, and with the passage of the B.C. tanker ban.
Premier Eby is perfectly free to opine and oppose the very thought of oil pipelines crossing B.C. But the Supreme Court of Canada has already ruled in a case about the TMX pipeline that B.C. does not have the authority to block infrastructure of national importance such as pipelines.
And it’s unreasonable and corrosive to public policy in Canada for leading government figures to adopt positions on important elements of public policy that are simply false, in blatant contradiction to recorded history and fact. Fact—if the energy industry is allowed to move oil reserves to markets other than the United States, this would be in the economic interest of all Canadians including those in B.C.
It must be repeated. Premier Eby’s objections to another Alberta pipeline are rooted in fallacy, not fact, and should be discounted by the federal government as it plans an agreement that would enable a project of national importance.
Alberta
Premier Danielle Smith says attacks on Alberta’s pro-family laws ‘show we’ve succeeded in a lot of ways’
From LifeSiteNews
Recent legislation to dial back ‘woke progressivism’ is intended to protect the rights of parents and children despite opposition from the left.
Alberta Premier Danielle Smith took a shot at “woke progressivism” and detractors of her recent pro-family laws, noting that because wokeness went “too far,” the “dial” has turned in favor of parental rights and “no one” wants their “kid to transition behind their back.”
“We know that things went a little bit too far with woke progressivism on so many fronts and we’re trying to get back to the center, trying to get them back to the middle,” Smith said in a recent video message posted on the ruling United Conservative Party’s (UCP) official X account.
Smith, who has been battling the leftist opposition New Democratic Party (NDP) attacks on her recent pro-family legislation, noted how “we’ve succeeded in a lot of ways.”
“I think we have moved the dial on protecting children and the right of girls and women to participate in sports without having to face born male athletes,” mentioning that the Olympics just announced gender-confused athletes are not allowed to compete in male or female categories.
“I think we’re moving the dial on parental rights to make sure that they know what’s going on with their kids. No one wants their kid to be transitioned behind their back and not know. I mean, it doesn’t matter what your background is, you want to know what’s going on with your child.”
Smith also highlighted how conservatives have “changed the entire energy conversation in the country, we now have we now have more than 70 percent of Canadians saying they believe we should build pipelines, and that we should be an energy superpower.’
As reported by LifeSiteNews, Smith recently said her government will use a rare constitutional tool, the notwithstanding clause, to ensure three bills passed this year – a ban on transgender surgery for minors, stopping men from competing in women’s sports, and protecting kids from extreme aspects of the LGBT agenda – remain law after legal attacks from extremist activists.
Bill 26 was passed in December 2024, amending the Health Act to “prohibit regulated health professionals from performing sex reassignment surgeries on minors.”
Last year, Smith’s government also passed Bill 27, a law banning schools from hiding a child’s pronoun changes at school that will help protect kids from the extreme aspects of the LGBT agenda.
Bill 27 will also empower the education minister to, in effect, stop the spread of extreme forms of pro-LGBT ideology or anything else allowed to be taught in schools via third parties.
Bill 29, which became law last December, bans gender-confused men from competing in women’s sports, the first legislation of its kind in Canada. The law applies to all school boards, universities, and provincial sports organizations.
Alberta’s notwithstanding clause is like all other provinces’ clauses and was a condition Alberta agreed to before it signed onto the nation’s 1982 constitution.
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