Role of politicians in pandemic restriction decision-making breached Alberta Public Health Act: Calgary judge

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Alberta’s top elected officials made decisions about pandemic-related health measures, but the law required those to be made by the province’s then-chief medical officer of health Dr. Deena Hinshaw, a Calgary judge has ruled.

Justice Barbara Romaine’s long-anticipated 90-page decision filed Monday afternoon comes following a court action which began in December 2020 when a group of plaintiffs — including two churches and a gym owner — argued pandemic-related public health measures were contrary to Alberta’s Bill of Rights and unlawfully breached Albertans’ Charter-protected rights.

Romaine found that when it came to public health measures, “the informed and well-qualified” Hinshaw made recommendations

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