Free Speech the Latest Casualty in Kim Jong Kenney’s Alberta

Free Speech the Latest Casualty in Kim Jong Kenney’s Alberta

Alberta bans anti-vaccination protests, all other demonstrations outside health-care facilities

CBC News · Posted: Sep 28, 2021 11:16 AM MT | Last Updated: 4 hours ago

Premier Jason Kenney and Dr. Deena Hinshaw, Alberta’s chief medical officer of health, were joined by the province’s health and justice ministers at the Tuesday afternoon COVID-19 update. (Jason Franson/The Canadian Press, Art Raham/CBC)

Anti-vaccination protests and all other demonstrations outside hospitals will be banned in a move to make Alberta health-care facilities safer for staff, patients and families, Premier Jason Kenney said Tuesday.

But no new restrictions to prevent the spread of COVID-19 were announced, despite recent calls from medical professionals to enact “fire-breaker” measures to protect the struggling health-care system.

Kenney told a news conference the province is still monitoring the impact of public health measures that went into effect on Sept. 20. He said unvaccinated Albertans who are currently filling up hospitals beds would be unlikely to comply with any new measures.

“It is a paradox and there’s no easy solution to it,” he said.

Instead, the regulations of the Critical Infrastructure Defence Act have been amended to ensure that health-care facilities are subject to the same legal protection as railways, highways and pipelines, carrying punishments for trespassing, interfering with operations and construction or causing damage.

WATCH | Kenney says unvaccinated unlikely to comply with new measures:

Kenney says unvaccinated unlikely to comply with widespread restrictions

7 hours ago1:37Asked whether Alberta would introduce stricter COVID-19 rules, Premier Jason Kenney says now is not the time. 1:37

The measure is in response to protests two weeks ago across the country by anti-vaccination groups, Kenney said.

“Recently, Albertans watched anti-vaccine protesters stand in front of our hospitals, hurling mistruths and misinformation about our health-care system, our doctors and our nurses,” he said.

“People were rightly shocked to see this totally inappropriate behaviour from a vocal minority.”

Kenney and Justice Minister Kaycee Madu reiterated that the intention was not to interfere with any individual’s constitutional right to lawful protest.

“Albertans must have the ability to access health care when they need it and health-care professionals must have the ability to do their work free from interference,” Madu said.

Welcome to North Korea in Western Canada: Calgary judge refuses to overturn anti-free speech restraining order

Welcome to North Korea in Western Canada: Calgary judge refuses to overturn anti-free speech restraining order

[If you’ve never been to North Korea, just jump on  plane to Edmonton or Calgary and experience life in Kim Jong Kenny’s Medico-Stalinist police state. There the Charter Rights of freedom of speech, freedom to practise one’s religion and freedom of assembly mean NOTHING! The corrupted courts won’t protect. you. A Calgary judge just turned down an application to stay a police state order. The order was obtained secretly, ex parte, with the lawyer for the named victims not  informed. The order reads:
“IT IS HEREBY ORDERED THAT:

1. The named respondents [Pastor Artur Pawlowski and restaurant owner Chris Scott] and any other persons acting under their instructions or in concert with them or independently [that means, in fact ALL Albertans] to like effect and with the Notice of this Order, shall be restrained anywhere in Alberta, shall be restrained from

a.  Organizing an in-person gathering, including requesting. inciting or inviting others to attend an “Illegal Public Gathering” [that’s more than five people!];
b. Promoting an Illegal Public Gathering by social media or otherwise;
“c. Attending an Illegal Public Gathering of any nature in a “Public Place” or in a “Private Place” [a birthday party of six people for granny in your OWN home] |

If you violate this police state order, you can be hauled off to jail for “contempt of court” as Pastor Pawlowski and Chris Scott were last weekend.]
Paul Fromm,DirectorCAFE

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A judge in Calgary has denied an application to have Alberta Health Services’ anti-free speech restraining order overturned. But the fight is just getting started, because now Fight The Fines lawyers are going to examine Alberta’s chief medical officer, Deena Hinshaw, in court.

Thursday morning, Chad Williamson of Williamson Law argued to have the injunction that prohibits his clients, Glen Carritt, Chris Scott and unnamed Jane and John Does, from participating in, organizing, or promoting “illegal public gatherings” that do not comply with the current restrictions: limiting such activities to five (or fewer) participants, masking and social distancing.

In essence, the order outlaws political protests of half a dozen or more outdoors, but could also see grandma end up in the slammer for contempt of court if she is the sixth person at a birthday party in the park.

The original order was obtained in secret after lawyers for AHS refused to inform Williamson Law of the order being sought against their clients.

The order restricts the interactions, free speech and free association of all Albertans and it does that under threat of imprisonment.

Two arrests have already occurred under the new court order.

One was Chris Scott of the Whistle Stop Cafe in Mirror. He was arrested after he holding a protest of 1,500 people adjacent to his property seized just days before by the province because he refused to abide by the lockdown on restaurants. He spent three days in jail.

Pastor Artur Pawlowski spent two days in jail after he was arrested in Calgary for holding a non-compliant church service.

Associate Chief Justice Rooke heard arguments but declined to stay the order, however he did agree to a full hearing on the matter — including a full examination of the decision makers who deemed the excessively broad court order necessary, like CMOH Deena Hinshaw and the AHS health inspector behind the constant visits to the Whistle Stop Cafe since Chris Scott made the decision to re-open in January.

We are going to fight to overturn this order like freedom and democracy depend on it. Because they do.

It’s going to be a lot of hard work, and it’s going to be expensive, but it’s worth it, because it is the right of every Albertan to criticize the government.

No injunction to save Christmas, but court action continues

No injunction to save Christmas, but court action continues

Dec 21st, 2020

EDMONTON: The Justice Centre is reviewing a ruling from the Alberta Court of Queen’s Bench, which denied a preliminary application for a temporary injunction to restore Charter rights and freedoms being denied by restrictions imposed by the Chief Medical Officer of Health (CMOH) and Alberta Government.

The full hearing of the Justice Centre’s application will take place sometime in 2021. The date has not been set yet. The Court will be asked to consider fully all of the various harms which lockdowns have inflicted, and are inflicting, on Albertans. The CMOH and other government officials will be required to answer questions under oath, and to provide evidence to justify the violation of Charter freedoms to move, travel, associate, assemble and worship.

In December, the Justice Centre filed a court challenge to Orders made by the CMOH, including an injunction application seeking a temporary suspension of certain lockdown measures until the Court fully considers the case. The Justice Centre is representing two churches and two individuals, alongside Rath & Company, who represents another individual.

Among other things, the Justice Centre argued that the Court should lift restrictions that effectively outlaw friends and family from gathering at each other’s homes to celebrate Christmas, and the public health order that prohibits outdoor hockey and other gatherings. Under this Order, grandparents cannot visit their grandchildren, and immediate family cannot be together if they do not live in the same household.

Since March 16, 2020, Alberta’s Chief Medical Officer of Health (CMOH) has pronounced 42 public health orders that have violated constitutionally-protected rights and freedoms as guaranteed by the Canadian Charter of Rights and Freedoms. At the heart of the case is a challenge to the constitutionality of Orders issued by one person without any consultation or review by the Alberta Legislature, contrary to the principles of democracy and the rule of law.

The latest CMOH Order declares illegal the celebration of Christmas among friends and family in a private home, restricts weddings and funerals to only 10 people, and completely prohibits all outdoor gatherings.

“On this application for a temporary injunction, the government was not required to demonstrate that its violation of Charter freedoms were justified. The fact the injunction was not granted does not mean the lockdown measures that violate people’s Charter rights are justified – that will be decided at the main hearing, to come in 2021,” states Justice Centre staff lawyer James Kitchen.

“The Court upheld the CMOH Orders simply by presuming that the Orders must be in the public interest. In regard to this application, the Court did not consider evidence as to whether the Orders actually are in the public interest or not. This, too, will be ruled on in 2021,” continues Mr. Kitchen.

“Dr. Deena Hinshaw swore and filed a cursory affidavit, with very little evidence in support of her opinions. Cross-examination prior to the injunction hearing was not possible, but will take place in 2021,” continues Mr. Kitchen.

“Justice Kirker agreed that Albertans are suffering irreparable harm – harm that cannot be remedied or compensated for – from the indoor and outdoor gathering restrictions imposed by the CMOH Order,” notes Mr. Kitchen.