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Alberta

Lawyers ask Alberta court to allow businesses to seek damages from gov’t for COVID shutdown

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 From LifeSiteNews

By Anthony Murdoch

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.

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 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.

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.

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Alberta

Preston Manning: Canada is in a unity crisis

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Preston Manning's avatar Preston Manning

A Canada West Assembly would investigate why

The election of a minority Liberal government on Monday, and the strong showing of the Conservative party under Pierre Poilievre, cannot mask the fact that Canada remains seriously fractured on many fronts. Thus, one of the primary tasks of the Carney government will be to unite us for the sake of our own national well-being — not simply for the sake of presenting a strong front in future dealings with the United States.

But how is that to be done? When parliament meets as scheduled on May 26, will the government’s throne speech acknowledge the main sources of national disunity and propose the immediate adoption of remedial measures? Or will it ignore the problem entirely, which will serve to further alienate Quebec and the West from Ottawa and the rest of Canada, and weaken Canada’s bargaining position vis a vis the United States?

The principal tactic employed by the Liberal party to unite Canadians behind it in the recent election was to employ the politics of fear — fear of U.S. President Donald Trump trying to “break us so that America can own us,” as Liberal Leader Mark Carney has repeatedly said.

But if the only way to unite Canadians is through the promotion of anti-Americanism fostered by fear of some alleged American takeover — if reaction to the erratic musings of an American president is the only way to motivate more Canadians to vote in a federal election — then not only national unity, but Canadian democracy itself, is in critical condition.

We need to pinpoint what actually is fracturing the country, because if we can clearly define that, we can begin the process of removing those divisive elements to the largest extent possible. Carney and the Liberals will of course declare that it is separatist agitations in Quebec and now the West that is dividing us, but these are simply symptoms of the problem, not the cause.

Here, then, is a partial list of what underpins the division and disunity in this country and, more importantly, of some positive, achievable actions we can take to reduce or eliminate them.

First and foremost is the failure to recognize and accommodate the regional character of this country. Canada is the second-largest country by area on the planet and is characterized by huge geographic regions — the Atlantic, Central Canada, the Prairies, the Pacific Coast and the Northern territories.

Each of these regions — not just Quebec — has its own “distinctive” concerns and aspirations, which must be officially recognized and addressed by the federal government if the country is to be truly united. The previous Liberal government consistently failed to do this, particularly with respect to the Prairies, Pacific and Northern regions, which is the root of much of the alienation that even stimulates talk of western separation.

Second is Ottawa’s failure to recognize and treat the natural resources sector as a fundamental building block of our national economy — not as a relic from the past or an environmental liability, as it was regarded by the government of former prime minister Justin Trudeau.

Will the throne speech announce another 180-degree turn for the Liberal government: the explicit recognition that the great engine of the Canadian economy and our economic recovery is not the federal government, as Carney has implied, but Canada’s agricultural, energy, mining, forestry and fishery sectors, with all the processing, servicing, manufacturing and knowledge sectors that are built upon them?

A third issue we’ve been plagued with is the division of Canadian society based on race, gender, sexual preferences and other identity traits, rather than focusing on the things that unite us as a nation, such as the equality of all under the law. Many private-sector entities are beginning to see the folly of pursuing identity initiatives such as diversity, equity and inclusion that divide rather than unite, but will the Liberal government follow suit and will that intention be made crystal clear in the upcoming throne speech?

A final issue is the federal government’s intrusion into areas of provincial jurisdiction — such as natural resources, health, municipal governance, along with property and civil rights — which is the principal cause of tension and conflict between the federal and provincial governments.

The solution is to pass a federal “act respecting provincial jurisdiction” to repeal or amend the statutes that authorize federal intrusions, so as to eliminate, or at least reduce, their intrusiveness. Coincidentally, this would be a legislative measure that both the Conservatives and the Bloc could unite behind if such a statute were to be one of the first pieces of legislation introduced by the Carney government.

Polling is currently being done to ascertain whether the election of yet another Liberal government has increased the growing estrangement of western Canada from Ottawa and the rest of Canada, notwithstanding Carney’s assurances that his minority government will change its policies on climate change, pipelines, immigration, deficit spending and other distinguishing characteristics of the discredited Trudeau government.

The first test of the truthfulness of those assurances will come via the speech from the throne and the follow-up actions of the federal government.

Meanwhile, consultations are being held on the merits and means of organizing a “Canada West Assembly” to provide a democratic forum for the presentation, analysis and debate of the options facing western Canada (not just Alberta) — from acceptance of a fairer and stronger position within the federation based on guarantees from the federal government, to various independence-oriented proposals, with votes to be taken on the various options and recommendations to be made to the affected provincial governments.

Only time will tell whether the newly elected Carney government chooses to address the root causes of national disunity. But whether it does so or not will influence the direction in which the western provinces and the proposed Canada West Assembly will point.

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Alberta

Premier Danielle Smith hints Alberta may begin ‘path’ toward greater autonomy after Mark Carney’s win

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From LifeSiteNews

By Anthony Murdoch

Alberta’s premier said her government will be holding a special caucus meeting on Friday to discuss Alberta’s independence.

Alberta Premier Danielle Smith hinted her province could soon consider taking serious steps toward greater autonomy from Canada in light of Mark Carney and the Liberal Party winning yesterday’s federal election.

In a statement posted to her social media channels today, Smith, who is head of Alberta’s governing United Conservative Party, warned that “In the weeks and months ahead, Albertans will have an opportunity to discuss our province’s future, assess various options for strengthening and protecting our province against future hostile acts from Ottawa, and to ultimately choose a path forward.”

“As Premier, I will facilitate and lead this discussion and process with the sincere hope of securing a prosperous future for our province within a united Canada that respects our province’s constitutional rights, facilitates rather than blocks the development and export of our abundant resources, and treats us as a valued and respected partner within confederation,” she noted.

While Smith stopped short of saying that Alberta would consider triggering a referendum on independence from Canada, she did say her government will be holding a “special caucus meeting this Friday to discuss this matter further.”

“I will have more to say after that meeting is concluded,” she noted.

Smith’s warning comes at the same time some pre-election polls have shown Alberta’s independence from Canada sentiment at just over 30 percent.

Monday’s election saw Liberal leader Mark Carney beat out Conservative rival Pierre Poilievre, who also lost his seat. The Conservatives managed to pick up over 20 new seats, however, and Poilievre has vowed to stay on as party leader, for now.

In Alberta, almost all of the seats save two at press time went to conservatives.

Carney, like former Prime Minister Justin Trudeau before him, said he is opposed to new pipeline projects that would allow Alberta oil and gas to be unleashed. Also, his green agenda, like Trudeau’s, is at odds with Alberta’s main economic driver, its oil and gas industry.

The Carney government has also pledged to mandate that all new cars and trucks by 2035 be electric, effectively banning the sale of new gasoline- or diesel-only powered vehicles after that year.

The reduction and eventual elimination of the use of so-called “fossil fuels” and a transition to unreliable “green” energy has also been pushed by the World Economic Forum (WEF) – the globalist group behind the socialist “Great Reset” agenda – an organization in which Trudeau and some of his cabinet are involved.

Smith: ‘I will not permit the status quo to continue’

In her statement, Smith noted that she invited Carney to “immediately commence working with our government to reset the relationship between Ottawa and Alberta with meaningful action rather than hollow rhetoric.”

She noted that a large majority of Albertans are “deeply frustrated that the same government that overtly attacked our provincial economy almost unabated for the past 10 years has been returned to government.”

Smith then promised that she would “not permit the status quo to continue.”

“Albertans are proud Canadians that want this nation to be strong, prosperous, and united, but we will no longer tolerate having our industries threatened and our resources landlocked by Ottawa,” she said.

Smith praised Poilievre for empowering “Albertans and our energy sector as a cornerstone of his campaign.”

Smith was against forced COVID jabs, and her United Conservative government has in recent months banned men from competing in women’s sports and passed a bill banning so-called “top and bottom” surgeries for minors as well as other extreme forms of transgender ideology.

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