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Alberta

Justice Centre urges amending Public Health Act to protect Charter rights and freedoms

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From the Justice Centre for Constitutional Freedoms

The Justice Centre has submitted to Alberta Premier Danielle Smith and all MLAs a proposal for amending Alberta’s Public Health Act. The proposed amendments would empower MLAs to hold the Chief Medical Officer of Health to account for any laws or health orders that violate the Charter rights and freedoms of Albertans.

Without major amendments to Alberta’s Public Health Act, Alberta’s Chief Medical Officer of Health (CMOH) is now positioned to exercise near-absolute power over the lives of millions of Albertans, for an indefinite period of time, if he or she determines that a public health emergency exists. This dangerous situation has been exposed by the recent Alberta Court of King’s Bench ruling in Ingram v. Alberta.

Two aspects of the Ingram ruling are particularly troubling.

First, the Court ruled in Ingram that elected representatives should have no effective oversight over CMOH orders that violate the fundamental Charter freedoms of conscience, religion, expression, association and peaceful assembly. The CMOH can also violate the Charter rights to privacy and bodily autonomy by imposing mandatory vaccination policies, turning Albertans into second-class citizens if they decide not to get injected with whatever the CMOH may wish them to get injected with.

Second, the Ingram ruling ignores the abundant evidence placed before the Court about the significant harms that lockdowns inflicted on citizens. Without considering the harms to the mental, physical, psychological, spiritual and financial well-being of vulnerable Albertans, Justice Barbara Romaine simply states her general impression that the health orders that violated Charter freedoms had salutary benefits that outweighed their deleterious effects. 

In short, the Court has interpreted the currently worded Public Health Act as providing virtually unlimited powers to an unelected and unaccountable CMOH to violate Charter rights and freedoms at will, without oversight by elected representatives. Through Ingram, the Court has also sent a clear signal to the CMOH that they need not think much about the harm and suffering that her lockdowns and vaccine mandates might inflict on vulnerable people; no serious cost-benefit analysis will be required by the Court. This is reality in Alberta today, post-Ingram.

“The only viable way to protect Albertans’ Charter rights and freedoms is to amend the Public Health Act such that it provides for transparency, democratic accountability, respect for science, and respect for human rights and constitutional freedoms,” stated lawyer John Carpay, president of the Justice Centre.

“In light of the failure of courts in Alberta to uphold and protect our Charter rights and freedoms during a public health emergency, these changes to the Public Health Act and Alberta Human Rights Act are sadly necessary,” continued Carpay.

Read the complete Legislative Proposals here. 

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Alberta

Former senior financial advisor charged with embezzling millions from Red Deer area residents

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News release from Alberta RCMP

Former senior financial advisor charged for misappropriating nearly $5 million from clients

On April 4, 2024, the RCMP’s Provincial Financial Crime Team charged a Calgary resident for fraud-related offences after embezzling millions of dollars from his clients while serving as a senior financial advisor.

Following a thorough investigation, the accused is alleged to have fraudulently withdrawn funds from client accounts and deposited them into bank accounts he personally controlled. A total of sixteen victims were identified in the Red Deer area and suffered a combined loss of nearly $5 million.

Marc St. Pierre, 52, a resident of Calgary, was arrested and charged with:

  • Fraud over $5,000 contrary to section 380(1)(a) of the Criminal Code; and,
  • Theft over $5,000 contrary to section 344(a) of the Criminal Code.

St. Pierre is scheduled to appear in Red Deer Provincial Court on May 14, 2024.

“The ability for financial advisors to leverage their position to conduct frauds and investment scams represents a significant risk to the integrity of Alberta’s financial institutions. The investigation serves as an important reminder for all banking clients to regularly check their accounts for any suspicious activity and to report it to their bank’s fraud prevention team.”

  • Sgt. John Lamming, Provincial Financial Crime Team

The Provincial Financial Crime Team is a specialized unit that conducts investigations relating to multi-jurisdictional serious fraud, investments scams and corruption.

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Alberta

Political parties will be part of municipal elections in Edmonton and Calgary pilot projects

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Alberta’s government is introducing legislation to ensure Albertans can rely on transparent, free and fair elections, and municipally-elected officials have clearer accountability measures.

In a democratic society, Albertans expect their local elections to be free and fair, and their elected officials to be held to account by clear rules that govern their local councils. The Municipal Affairs Statutes Amendment Act proposes amendments to the Local Authorities Election Act (LAEA) and the Municipal Government Act (MGA) to add greater transparency to local election processes and ensure local councils and elected officials continue to remain accountable to the citizens who elected them.

“Our government is committed to strengthening Albertans’ trust in their local governments and the democratic process that elects local leaders. The changes we are making increase transparency for Alberta voters and provide surety their votes will be counted accurately. We know how important local democracy is to Albertans, and we will work with local authorities to protect and enhance the integrity of local elections.”

Ric McIver, Minister of Municipal Affairs

Local Authorities Election Act

Albertans expect free and fair elections and that’s why it’s important we strengthen the rules that govern local elections. To strengthen public trust in local elections, Alberta’s government will eliminate the use of electronic tabulators and other automated voting machines. All Albertans should be able to trust the methods and results of local elections; requiring all ballots to be counted by hand, clarifying rules and streamlining processes for scrutineers will provide voters greater assurance in the integrity of the results.

All eligible Albertans should be able to vote in local elections without impediment. Alberta’s government will limit the barriers for eligible voters to cast a ballot by expanding the use of special ballots. Currently, special ballots can only be requested for very specific reasons, including physical disability, absence from the municipality, or for municipal election workers. By expanding the use of special ballots, the government is encouraging more voter participation.

Amendments in the Municipal Affairs Statutes Amendment Act would increase transparency in local elections by enabling political parties at the local level. Political parties would be enabled in a pilot project for Edmonton and Calgary. The act will not require candidates to join a political party in order to run for a local or municipal office, but will create the opportunity to do so.

In addition, proposed changes to the Local Authorities Election Act would allow municipalities the option to require criminal record checks for local candidates, thus increasing transparency and trust in candidates who may go on to become elected officials.

Municipal Government Act

The role of an elected official is one with tremendous responsibility and expectations. Changes proposed to the Municipal Government Act (MGA) will strengthen the accountability of locally elected officials and councils. These include requiring mandatory orientation training for councillors, allowing elected officials to recuse themselves for real or perceived conflicts of interest without third-party review and requiring a councillor’s seat to become vacant upon disqualification.

If passed, the Municipal Affairs Statutes Amendment Act will also unlock new tools to build affordable and attainable housing across Alberta. Proposed amendments under the MGA would also create more options for municipalities to accelerate housing developments in their communities. Options include:

  • Exempting non-profit, subsidized affordable housing from both municipal and education property taxes;
  • Requiring municipalities to offer digital participation for public hearings about planning and development, and restricting municipalities from holding extra public hearings that are not already required by legislation; and
  • Enabling municipalities to offer multi-year residential property tax exemptions.

Municipal Affairs will engage municipalities and other partners over the coming months to hear perspectives and gather feedback to help develop regulations.

Quick facts

  • The LAEA establishes the framework for the conduct of elections in Alberta municipalities, school divisions, irrigation districts and Metis Settlements.
  • The MGA establishes the rules governing the conduct of local elected officials once on council, as well as the overall administration and operation of municipal authorities in Alberta, including any policy those authorities may wish to implement.

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