Lawsuit challenges constitutionality of UCP’S Bill 10

EDMONTON The Justice Centre for Constitutional Freedoms has filed a legal challenge to the Alberta UCP government’s Bill 10, alleging the bill is unconstitutional.

The bill, which amended the Public Health Act, was introduced by Health Minister Tyler Shandro for first reading on March 31 and passed less than 48 hours later on April 2, with opposition from the NDP, who tried to add a sunset clause and transparency requirements to the new law.

While the previous Public Health Act allowed ministers to suspend or modify the application of a law during a public health emergency, the act, updated by Bill 10, gives a minister the new power to “specify or set out provisions that apply in addition to, or instead of ” existing laws. It only requires that a minister be “satisfied that doing so is in the public interest.”

Government MLAS said the bill was meant to clarify the language of the law and give proper tools for public health inspectors and community peace officers to help enforce public health orders during the COVID-19 emergency.

But in the lawsuit filed to Court of Queen’s Bench Thursday, the JCCF said sections of the bill contravene the federal Constitution Act, and should be declared to have “no force or effect.” It also noted that if cabinet continues to declare public health emergencies, then the extra power vested in a minister could continue, “potentially indefinitely.”

Last week, Premier Jason Kenney said the government drafted Bill 10 so it could still flexibly govern if the legislature was forced to shut down during the COVID-19 pandemic, but now it will consider “minor technical amendments.”