Stand4THEE Friday Night Zoom - Winners & Losers Aug 4, 2023

We have another AWESOME Freedom of Speech victory to share. We had a court ruling on the Alberta health mandates that appears to be a win... but is it really?

Good news first... Dave Freedom has added another win to his list of wins! He represented Byron Carr, who was arrested at the Convoy and was incarcerated for 41 days. Upon release he was restricted on social media as part of his bail conditions.

Dave argued in Byron's bail variance review that his was a violation of his right to Freedom of Speech under the Bill and used Norm Blanchfield's ruling to support his argument. Good judgement prevailed; the ruling was in Byron's favour!
Watch the Live @ 5 replay with Byron and Dave on the ruling HERE: https://tinyurl.com/4435wfxr.

To the bad news... the JCCF recently challenged the Alberta Public Health business closure orders. They argued the orders were "ultra vires" because the orders were made through a vote in Cabinet, rather than orders by the CMOH as required by section 29 of the Alberta Public Health Act and were a violation of the Charter and the Alberta Bill of Rights.

The Alberta Chief Medical Officer of Health has just been given authority to act as a dictator with the power to override the rights of Albertans to create orders under the Public Health Act WITHOUT first going through Parliament.

From the judgement:
“Conclusion
[520] In summary, I find that the impugned Orders are ultra vires section 29 of the Public Health Act in that the final decision makers were the cabinet and committees of cabinet, rather than the CMOH or one of her statutorily authorized delegates.”

Link to judgement: https://tinyurl.com/yfmbujt8.

Link to the Public Health Act HERE: https://tinyurl.com/4zzws4ym.

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