Alberta Premier Danielle Smith and Minister of Justice Mickey Amery stand together during the swearing in of her cabinet in Edmonton on Friday, June 9, 2023. (Photo: THE CANADIAN PRESS/Jason Franson)

By The Canadian Press

Alberta proposes changes to Public Health Act after COVID court ruling

Nov 3, 2023 | 5:15 AM

EDMONTON, AB – The Alberta government is proposing changes to the Public Health Act to allow politicians to make final decisions in public health emergencies.

Justice Minister Mickey Amery said elected officials have a responsibility to act in the best interest of Albertans and the amended legislation would make sure they can make decisions.

In August 2023, several health charges were dropped against an Edmonton-area pastor and church as well as a central Alberta man who hosted a rodeo in protest of COVID-19 restrictions.

The cases were quashed after a court decision a month earlier found the Alberta government under then-United Conservative Party premier Jason Kenney improperly imposed the orders under the Public Health Act.

The judge found that Dr. Deena Hinshaw, who was the province’s chief medical officer of health at the time, had not made the decision to impose the orders — instead leaving it up to provincial cabinet.

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The decision said the orders would have been constitutional had they been properly enacted by Hinshaw.

This report by The Canadian Press was first published Nov. 2, 2023.