Dear Editor,
This is an open letter for all Albertans regarding the state of public health emergency.
I would like to acknowledge and thank Todd Loewen, MLA for Central Peace-Notley for bringing to light these issues and producing a very informative video on the subject.
The following information is based on that video.
I hope you find it helpful.
In Alberta, the Public Health Act contains the authority to declare a public health emergency. Over the past two years, the Kenney government has enacted three public health emergencies by Orders in Council: the first on March 17, 2020, the second on Nov. 24, 2020 and the third on Sept. 15, 2021.
These orders were declared for pandemic influenza, so they lasted for 90 days each. A
resolution would have to be introduced into the Legislative Assembly for these orders to be extended.
This has never occurred, so the emergency orders have simply lapsed after 90 days.
Alberta’s most recent order declaring a public health emergency lapsed on Dec. 15, 2021. It was not extended and Alberta no longer has a public health emergency order.
What happens then to the Restriction Exemption Program, and other public health orders that were introduced by the Chief Medical Officer of Health (CMOH) since September?
It turns out that while Jason Kenney was telling Albertans the province would be open for summer, he was also making sidebar amendments to the Public Health Act that he’d introduce at a later date.
Most of these amendments were passed on June 17, 2021 by Bill 66.
However, sections 29.1 (1), (2) and (3) were not passed on June 17. Rather, the government sat on those sections until Dec. 15, 2021 (the same day the emergency order lapsed) and passed them by Proclamation.
Sections 29.1(1), (2) & (3) validate every CMOH order up until Dec. 15, 2021.
These public health orders are written and signed by Deena Hinshaw, Alberta’s CMOH. Therefore, even though Alberta is no longer in a state of public health emergency, orders that have been implemented by Deena Hinshaw up until Dec. 15 are still valid.
An example of this is CMOH Order 54-2021 which revises the Restriction Exemption Program.
This order was signed on Dec. 10, 2021 and is now declared valid through these sidebar amendments to the Public Health Act.
Most importantly this Order states it will remain “in effect until rescinded by the Chief Medical Officer of Health.” In other words, there is no end to the public health restrictions until Deena Hinshaw says so.
If this is not enough, Deena Hinshaw passed another order on Dec. 16, 2021 (CMOH Order 55- 2021). Alberta does not have an emergency order in place. Nonetheless, this Order was passed because the CMOH is able to carry out an investigation and confirm “the existence of a public health emergency” (Public Health Act, section 29(2.1)).
This Order outlines the province-wide mandates for masking, physical distancing, private social gatherings, and restrictions for places of worship, businesses, restaurants, bars, gyms and schools.
Order 59-2021 was signed by Deena Hinshaw on Dec. 24, 2021 and it limits event attendance to 50 per cent and cancels all food/beverage sales at events, among other things.
Like CMOH Order 54-2021, these additional orders will remain in effect until Deena Hinshaw decides otherwise.
Moreover, these orders – that mandate masks, limit private social gatherings and institute the REP program were never introduced into the Legislative Assembly.
Therefore, MLAs never had a chance to engage in open debate, or vote on their implementation.
Using the CMOH to introduce these measures cannot be considered democratic.
The Public Health Act gives too much power to the CMOH to implement these measures which have large impacts province-wide.
We must demand answers from our representatives as to when restrictions will be lifted. Right now, they are here indefinitely.
The goal posts are no longer moving, they have been removed.
This is far from what Jason Kenney told Albertans in the summer.
Ask: Do we want our children wearing masks indefinitely?
Are vaccine passports and job losses fair to people who have made a medical decision to decline a vaccine that has no long-term safety data and thousands of reports of adverse events, including death?
I urge you to contact your MLA and ask when the restrictions are going to be lifted.
Let’s demand a return to democracy.
You can find Todd Loewen’s video at: https://www.facebook.com/ToddLoewenAB/videos/albertapublic-health-emergency-expires-tell-cabinet-to-stop-abusing-executive-o/640887390434690.
Lois Rodvang
Coronation, Alta.
