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Alberta politicians violated provincial health act with COVID restrictions, judge rules

Updated: August 2, 2023 at 6:57 pm EST  See Comments

Wed Aug 2, 2023 – 6:01 pm EDT

(LifeSiteNews) — A Calgary judge ruled that Alberta politicians made decisions regarding COVID-19 restrictions without authorization, violating the province’s health act.

On Monday, Justice Barbara Romaine released a 90-page decision that declared certain regulations infringed upon the rights of citizens that are protected under the Alberta Bill of Rights (ABR) and the Charter of Rights and Freedoms.

The case involved three individual citizens and two Baptist church communities who alleged that their rights to peaceful assembly, religious practice and protest of government action were violated through the enforcement of certain regulations related to the COVID-19 pandemic. The Province of Alberta and its Chief Medical Officer of Health (CMOH) at the time, Dr. Deena Hinshaw, were listed as respondents in the case.

Though she conceded to certain allegations and dismissed others, Romaine ultimately ruled “that the impugned Orders [mandated COVID-19 regulations] were ultra vires the [Alberta] Public Health Act.”

“The Public Health Act requires that decisions with respect to public health orders must be made by the CMOH, or her statutorily authorized delegate,” the judge explained. “The final decisions implemented by the impugned Orders in this case were made

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