By Canadian Press

calgary backbencher tables bill

Alberta bill would protect health workers, care homes from some COVID-19 lawsuits

Apr 22, 2021 | 3:19 PM

EDMONTON – Alberta has introduced a bill to give legal protection to health workers and long-term care-home operators facing lawsuits over COVID-19.

Richard Gotfried, a United Conservative backbencher, says Bill 70 offers protection but is not a free pass in the courts to those who have been demonstrably derelict.

The bill exempts a range of workers, including doctors, pharmacists, and care-home operators, from being sued over COVID-19 unless it is for gross negligence.

Gross negligence is a higher bar to reach in law, as it involves flagrant failure to implement or follow the accepted standards of care.

The proposed law would be retroactive to March 1, 2020, and any existing lawsuits would have to be amended to meet the threshold of gross negligence.

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Gotfried introduced the bill in a rarely used political procedure, given that backbenchers are not technically part of the government and normally can’t sponsor government bills.

“Clients, residents and their families across Alberta are relying on continuing care facilities and staff to be able to continue to support their needs without distraction throughout the pandemic,” said Gottfried, the MLA for Calgary-Fish Creek.

“Not having any provincial legislation in place to address COVID-19 civil liability protection, given the unparalleled dedication and accountability we have seen within the sector, could undermine the provision of care and services.”