Episode 15: Should Alberta create new rights to refuse vaccines and harsh lockdowns?
Nov 23, 2023
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The hosts dive into recommendations aimed at improving Alberta's public health emergency response, focusing on rights during future crises. They celebrate a crucial Supreme Court ruling about citizens detained abroad and dissect the legality of banning single-use plastics, emphasizing the need to define toxicity accurately. The conversation shifts to Edmonton's controversial transit reporting policy, raising alarms about press freedoms. Lastly, they tackle complexities surrounding Bill 34 and the implications of religious discrimination in statutory holidays.
The Manning Report advocates for legislative changes in Alberta, prioritizing elected officials over healthcare bureaucrats in public health emergency decisions.
Recent court rulings highlight the tension between individual rights and national security, particularly regarding the repatriation of Canadian citizens detained abroad.
Deep dives
Alberta's Public Health Emergency Governance Recommendations
A report known as the Manning Report proposes significant legislative changes for future public health emergencies in Alberta, advocating for decision-making by elected officials rather than healthcare bureaucrats. The panel suggests that key measures should be determined by the Premier and Cabinet, a shift from the previous model where the chief medical officer held substantial authority. It emphasizes conducting cost-benefit analyses and encourages open dialogue on alternative scientific views, particularly concerning mask mandates, which should acknowledge existing scientific uncertainties. Additionally, recommendations include amending the Education Act to restrict school closures, drawing lessons from Sweden's approach of keeping schools open during the pandemic to mitigate negative impacts on children's learning.
Legal Obligations and Repatriation of Canadians from Syria
The recent court ruling on the repatriation of Canadian citizens detained in Syria has highlighted the legal interpretation of rights under the Canadian Charter. The Federal Court of Appeal determined that while Canadians have the right to enter and remain in Canada, there is no constitutional mandate for the government to actively repatriate individuals accused of serious crimes abroad, specifically those associated with ISIS. The court emphasized a negative obligation not to banish citizens rather than a positive duty to rescue them from foreign prisons, asserting that Canada had advised against traveling to Syria and had closed its embassy there. This ruling has sparked debate regarding the balance between national security and the rights of individuals in extreme circumstances.
Court Decision on Federal Plastics Ban
A court has recently ruled that the federal government's blanket categorization of all plastics as toxic is unreasonable and unconstitutional, citing a lack of scientific evidence to support such a broad determination. The judge pointed out that while chemicals can be harmful, toxicity must be assessed based on concentration and context rather than on material composition alone. This decision stems from a challenge brought by companies like Dow Chemical, which argued that the federal regulations did not adequately consider the variability of plastic products. The ruling raises crucial questions regarding federal authority over environmental regulation and is likely to be appealed as the government strives to maintain its stance on plastic pollution.
Edmonton's Transit Policy and Free Press Concerns
A new policy by Edmonton Transit requiring media to notify the city before reporting on transit property has raised concerns about freedom of the press and public interest reporting. The policy was viewed as a potential attempt to limit journalist access to critical issues such as drug use and safety on transit systems. Following criticisms, including a letter from advocacy groups emphasizing its unconstitutional nature, the city has responded by dismissing the validity of the policy, claiming it was a misunderstanding. The discussion underscores the ongoing tension between government regulations and the rights of journalists to report freely, particularly on matters affecting public safety and accountability.
On Episode 15 of Not Reserving Judgment, we talk about the Manning Report's recommendations to amend Alberta's laws to better protect rights in future emergencies; we applaud the Supreme Court for refusing to hear the appeal of four men stuck in Syria; and we explain why it was illegal for the federal government to ban single-use plastics like straws and bags on the basis of their "toxicity."
Stories and cases discussed in this week's episode:
Public Health Emergencies Governance Review Panel final report (Alberta Government)
Supreme Court won't hear case of four Canadian men detained in Syria (CBC)
Environment and Climate Change Minister Steven Guilbeault on plastics ban (X.com)
Responsible Plastic Use Coalition v. Canada (Federal Court)
Legal group demands Edmonton revoke 'unconstitutional' media policy banning journalism on transit without permission (Edmonton Journal)
Colby Cosh: Do drug addicts have a Charter right to shoot up in public parks? (National Post)
Not Reserving Judgment is a podcast about Canadian constitutional law hosted by Josh Dehaas, Joanna Baron, and Christine Van Geyn.
The show is brought to you by the Canadian Constitution Foundation, a non-partisan legal charity dedicated to defending rights and freedoms. To support our work, visit theccf.ca/donate.
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