Judge rejects injunction against Alberta COVID rules

CALGARY — A judge rejected a request Monday from two Alberta churches and three individuals to temporarily suspend selected public-health rules to “save Christmas.”

The measures limit Christmas celebrations to individual households, restrict weddings and funerals to 10 people and prohibit outdoor gatherings. Alberta Premier Jason Kenney announced the stricter rules to try to bring down stubbornly high COVID-19 cases and to ease pressure on hospitals.

“When you were sworn in as a justice of this court you never contemplated being ... the justice that would have the power to save Christmas, and that’s certainly what we’re asking you to do today,” lawyer Jeff Rath told Court of Queen’s Bench Justice Anne Kirker.

Rath said there isn’t any proof Canada is in the midst of a pandemic. He also said Alberta’s chief medical health officer, Dr. Deena Hinshaw, isn’t an expert on COVID-19, since the province doesn’t know where 80% of cases originate.

“This is not polio. This is not smallpox. This is not the Spanish flu. Healthy people are not dying from COVID-19,” he said.

“Government has not provided the evidence that these orders will prevent harm.”

The judge said the case had some merit and wasn’t vexatious. But she also said she wasn’t sure there has been irreparable harm, so there wasn’t enough to persuade her to temporarily suspend restrictions.

“I hear and appreciate how difficult it is for the applicants and other members of the public, especially at this time of year, but I cannot find the public interest is served in granting this stay,” she said.

Kirker said Hinshaw has been empowered to make decisions involving the health of Albertans and her position needs to be given proper weight. “I must assume the restrictions protect public health.”

James Kitchen, a lawyer for the Justice Centre for Constitutional Freedoms, argued the restrictions violate the charter of rights and were imposed without consultation or review.