Alberta government tables bill to clarify decision-making during public health emergencies

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Alberta Minister of Justice and Attorney General Mickey Amery has introduced a bill to clarify the roles and responsibilities of cabinet and medical officers of health during public health emergencies.

Bill 6 is the province's response to the Ingram decision, in which a justice ruled that Alberta's top elected officials made decisions about pandemic-related health measure when those decisions should have been made by the province's chief medical officer of health.Posted: Nov 02, 2023 8:05 PM EDT | Last Updated: 1 hour ago

The Ingram decision was issued on July 31, 2023. It is named after one of the plaintiffs, Rebecca Ingram, a gym owner whose business was affected by ordered closures and social distancing rules in 2020 and 2021. Romaine found that when it came to public health measures, "the informed and well-qualified" Hinshaw made recommendations and ultimately implemented the restrictions, but it was cabinet and committees that had final decision-making power.

In the Ingram decision, the court found Dr. Deena Hinshaw, the provincial chief medical officer of health at the time, had not made the decision to impose the public health orders, a violation of the Public Health Act. The chief medical officer of health would provide advice for cabinet and cabinet committees' consideration.

 

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