By Alex McCuaig

Injunction against Alberta public health restrictions falters

Dec 21, 2020 | 4:20 PM

CALGARY, AB – A Queen’s Bench justice has dismissed the injunction application against Alberta’s public health orders restricting public indoor and outdoor public gathers as well as mandatory mask wearing during a hearing Monday in Calgary.

Heights Baptist Church in Medicine Hat along with another Calgary-based church and several individuals filed for the injunction earlier this month claiming Alberta’s public health restrictions are unconstitutional.

Justice Anne Kirker found the case against the province has merit but ruled against the injunction on the basis that the possible damages of not having the health restrictions outweighed those of maintaining them based on the information presented at court.

Heights Baptist lawyer James Kitchen says he is disappointed in the decision but says it is Albertans who wish to celebrate Christmas who will pay the price for it.

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“That’s frustrating and troubling and disappointing on multiple levels,” said Kitchen moments after the decision. “But most immediately felt by people that for no reason that makes any sense to them, can’t celebrate with their family or are going to do so unlawfully and that’s a terrible position to be in without any real logical, rational reason behind it.”

The matter is not over, however.

A full hearing on the constitutionality of the province’s health restrictions will be heard in the new year.