Category: COVID-19 Page 2 of 7

By: Shaun Fluker

PDF Version: COVID-19 and Enforcement of Public Health Orders 

Legislation Commented On: Procedures (Public Health) Amendment Regulation, Alta Reg 92/2021

This amendment to the Procedures Regulation, Alta Reg 63/2017, was recently made by the Lieutenant Governor in Council with Order in Council 124/2021 (May 5, 2021). The amendment raises the specified penalty (the violation ticket amount) from $1000 to $2000 for contravention of a Chief Medical Officer of Health (CMOH) public health order issued under section 29 of the Public Health Act, RSA 2000, c P-37. The amendment came into force on May 19, 2021. This is the fine payable by a person who chooses to plead guilty (see Part 2 of the Provincial Offences Procedure Act, RSA 2000, c P-34) for such things as not wearing a mask where required, gathering in large groups outside, allowing non-family members into their home, or not keeping two metres apart from others. Premier Kenney announced the increased fine on May 4 during the initial ‘Stop the Spike’ announcement where the Premier also warned Albertans that section 73 of the Public Health Act provides for a penalty as high as $100,000 for a first offence in these matters. This is part of Alberta’s response to calls for stronger enforcement on non-compliance with COVID-19 public health orders. The third wave of this pandemic gave us a full display of just how inadequate the bare threat of legal enforcement is towards ensuring compliance with these rules. This deficiency in the authoritative punch of COVID-19 public health orders is also the reason why Alberta (and other provinces) went to the extreme measure of obtaining an injunction from the Court of Queen’s Bench to prohibit the very public and orchestrated violations of COVID-19 public health orders. While politicians across Canada begin to engage in what might end up being a foolhardy race to be the first jurisdiction to end COVID-19 restrictions (Premier Kenney announced Alberta’s ambitious Open for Summer Plan on May 26 – just three weeks after announcing tougher enforcement measures), it would be wise for these lawmakers to pause, reflect, and heed some lessons from the compliance and enforcement mess associated with their COVID-19 public health orders.

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By: Shaun Fluker

PDF Version: COVID-19 and Cabinet Secrets

Matter Commented On: CMOH Order 38-2020

The Opposition is calling for the release of public health recommendations made by the Chief Medical Officer of Health to cabinet which informed the decision announced on November 24 to declare a second public health emergency and to impose enhanced measures to contain the spread of COVID-19. These enhanced measures are described at COVID-19 info for Albertans: Mandatory public health measures and those which came into force on November 24 are set out in CMOH Order 38-2020. In response to questions from the media at the November 26 update, both the Minister of Health and the Chief Medical Officer of Health stated the recommendations cannot be disclosed because of cabinet confidence – a constitutional convention in a Westminster government which keeps cabinet deliberations in secret for purposes of governance (see here for a discussion of these important functions). This convention is also codified in section 22 of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25. What does the common law say on this?

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