A new bill proposed in Alberta would give politicians the decision-making authority in times of a public health emergency rather than having it rest solely in the hands of the provincial medical officer.
Bill 6 was tabled on Thursday by Justice Minister Mickey Amery in response to a Court of Kings Bench decision that noted public officials had made decisions during the COVID pandemic that should legally have been in the hands of the chief medical officer.
“Elected officials have a responsibility to act in the best interests of Albertans and swear an oath to duly and faithfully execute the powers and trust imparted. This legislation ensures that final decision-making authority and the accountability that must come with it rest with those entrusted by Albertans,” Mr. Amery said in the release.
The Court of Kings Bench decision, named the Ingram decision after one of the plaintiffs, was issued on July 31.
In the decision, Justice Barbara Romaine ruled the pandemic restrictions did violate the plaintiffs’ rights, but that it was justified given the public health emergency. Justice Romaine also ruled that because the restrictions violated the Public Health Act, as the decisions were made by public officials rather than the medical officer, any charges against individuals that were connected to pandemic rules should be dropped.
“The Ingram decision showed that Alberta needs to clarify the roles and responsibilities of cabinet and medical officers of health, including the chief medical officer of health, so that we can be in line with our own legislation in future declared states of public health emergencies,” Mr. Amery said in a recorded press conference.
“I'd also say that Albertans also want our elected representatives to help with decision-making as well. I think that it’s important that Albertans know that the people that they elected into this government have a pivotal role in making those decisions on their behalf.”
