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CARPAY: The Kenney government is terrified of a trial with medical and scientific evidence

“We’ve asked the government repeatedly to show Albertans the medical and scientific literature that supports the belief that healthy asymptomatic people are significant spreaders of the COVID-19 virus.”

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Alberta Premier Jason Kenney’s government succeeded in jailing Pastor James Coates for one month and six days, and then physically barricaded his church to prevent, entirely, its use for worshipping God. Raw state power has neither time nor patience for any dissent.

But when it comes to producing evidence in court, Jason Kenney is terrified of science and truth. 

Pastor Coates and Grace Life Church will go to trial on May 3, on charges of violating Kenney’s and Dr. Deena Hinshaw’s health orders. Since March, the Alberta Government has known its unscientific and unconstitutional health orders would be challenged as unjustified Charter violations at this May 3 trial. 

Rather than manning up and assembling the medical and scientific evidence to try to justify violating the Charter rights and freedoms of Albertans, the Alberta Government instead asked for an adjournment. The government told the court that seven weeks’ notice just wasn’t enough time, even after eleven months of Charter-violating lockdowns.

When asking for an adjournment, the Alberta Government was not able to say who its expert witnesses would be. Nor did government lawyers explain why they could not produce such expert evidence, other than that they are “very busy.” And this while the Alberta Government is in possession of a 2,300-page expert report submitted by Justice Centre lawyers, outlining specifically how and why science does not support lockdowns.

The Alberta government engages in the same stonewalling in the Court of Queen’s Bench, where a Charter challenge to the lockdowns was filed in December of 2020. The Alberta government sought and obtained the court’s permission to delay filing medical and scientific evidence until July of 2021.

If Alberta’s lockdowns are indeed “scientific” and “evidence-based,” then the government would already have its medical evidence assembled and lined up, ready to present to court at any time. It should not take longer than a few weeks to prepare for court and present the scientific evidence to support lockdowns if persuasive evidence actually exists.

Essentially, Jason Kenney’s government is using the court process as a means of cancel culture which pre-empts any legal action to question economy-destroying and society-crippling health orders as the product of “unhinged conspiracy theorists” (Jason Kenney’s own words).

The Canadian Charter of Rights and Freedoms requires governments to justify demonstrably – that is, with compelling evidence – any law, policy or health order that violates any of our fundamental freedoms to move, travel, associate, worship, assemble, and express ourselves. This very basic constitutional requirement has been ignored completely by governments at every level in the past 13 months.

Certainly, Jason Kenney and Dr. Hinshaw frequently use the words “science” and “evidence-based” public policy. But when asked directly to provide the specific medical and scientific authorities that might justify the violations of our Charter freedoms, governments simply stonewall. 

For example, we’ve asked the Alberta Government repeatedly to show Albertans the medical and scientific literature that supports the belief that healthy asymptomatic people are significant spreaders of the COVID-19 virus. This question is crucial because lockdown restrictions are based on the belief that asymptomatic people threaten the very lives of their fellow citizens by socializing, using gyms, eating together in restaurants, playing team sports, and enjoying family get-togethers at special occasions like Christmas and Easter. Yet governments in Alberta and across Canada have refused to provide the hard data. 

Charter challenges to lockdowns in Alberta, BC, Saskatchewan, Ontario and Manitoba are presenting courts with expert medical evidence and scientific reports showing that asymptomatic Canadians are not significant spreaders of the virus. Hence there is little if any medical or scientific basis for lockdown measures.

Premier Kenney and Dr. Hinshaw use the same stonewalling techniques when asked to provide specific information about other important issues, like the full extent of lockdown harms, whether lockdowns have actually saved lives, and whether governments are still relying on the demonstrably inaccurate predictions made by Dr. Neil Ferguson of Imperial College in March of 2020.

While governments are now being compelled to produce the science in court, it is a disgrace that they have not already been providing the science to the public. Instead, in the past 13 months, governments across Canada have relied on speculation, unproven theories, and news conferences with clever soundbites to create and perpetuate fear. Governments should respect the Charter and comply with it, even when not being sued in court. 

While a temporary two-week lockdown may have been justified in March of 2020, even without extensive medical or scientific support at that time, there is no excuse for continuing to destroy lives and livelihoods indefinitely.

Think about this the next time you hear Jason Kenney or Dr. Hinshaw utter the words “science” or “evidence-based public policy” at a news conference.

Lawyer John Carpay is a Columnist for the Western Standard. He is also president of the Justice Centre for Constitutional Freedoms (jccf.ca), which is suing the federal government and provincial governments to end lockdowns measures.

John Carpay is a Columnist for the Western Standard. He is also President of the Justice Centre for Constitutional Freedoms and the former Alberta Director of the Canadian Taxpayers Federation.

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3 Comments

3 Comments

  1. Matt C

    May 16, 2021 at 6:31 pm

    Kenny isn’t a Rachel Notley but, he isn’t a Ralph Klein either.

    He has shown himself to be a career politician who can be bullied by the media/PC mob. If he doesn’t know what the conservative base, who voted him in, want, then….

  2. Baron Not Baron

    April 23, 2021 at 2:00 pm

    This #covrig is a manipulation. We understand that in order to introduce a OWG they need to move this plan in all countries at the same pace. We are seeing now eliminating the travel. Well, nothing new. In Romania you also were questioned for the reason of travel, and where, and so on.. during the Ceausescu communist regime. You also had to be granted permission to change your residence from one city into another, or from one district into another. It has been written in stone for a long time, with arrogance, that the world population to be reduced to 500 million people – The Georgia Guidestones, to just name one. This “vaccine” is for slow killing, as it already happened in many cases. Once the fear is instilled – and it is – then the “solution” is offered – so we see it. We, the people, have the obligation to THINK. It is for our own good.
    I am deeply disappointed in the Western lobotomized people as just a few are not brainwashed.

  3. Declan Carroll

    April 21, 2021 at 2:53 pm

    Kenney is a disgrace to the people of Alberta. He will pay dearly in the next election for his treachery. The best the UCP can hope for is to remove him as leader put forward a pro liberty candidate and call a snap election. Turning the next election into a referendum on liberty is the only hope to salvage this train wreck of a government.

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Opinion

ANDRUS: A change in governance, not just a change in government is needed

Canadian democracy is one-person-one-vote, but votes are worth much more in some parts of the country than in others!

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The results are in, another federal election is over, and what does Alberta get?

Nothing.

I wrote last week about how Alberta is left out of most federal election debates and discussions because of the need for politicians to appeal to the vote-rich centers of Quebec and Ontario.

Some of you quite fairly asked what should be done about this and, while Project Confederation spent considerable time discussing these challenges since we launched two years ago, we also have many new supporters who have joined us recently.

So, now the federal election results are known, a recap is perhaps in order.

There are two major issues with how federal elections work in Canada.

First, seats in the House of Commons are not distributed proportionally to population.

The Maritimes, representing Newfoundland, Nova Scotia, New Brunswick and Prince Edward Island have a combined 32 seats for 2.3 million people, or one seat for every 73,000 people and Quebec has 78 seats for roughly 8 million people, or roughly one seat for every 100,000 people, while Alberta has 34 seats for four million people, or about one for every 120,000 people.

Canadian democracy is one-person-one-vote, but votes are worth much more in some parts of the country than in others!

The second issue is the relative sizes of Canadian provinces.

The truth is, even if seats were perfectly distributed according to population, Ontario and Quebec would continue to dominate Canadian politics.

There are roughly 30 seats in the “905” region of Ontario — which represents Durham, York, Peel and Halton — plus another 25 seats in Toronto proper. Add in another 78 in Quebec, and a party can almost win a majority in just those two provinces alone.

One solution to this is to grow the West.

As more people move to the West to create lives and earn livelihoods made possible by our superior public policies and freedoms, Alberta, Saskatchewan, and the West in general will increase in population and influence compared with the rest of the country.

This isn’t some fanciful dream, it’s already been happening for years, the West now has much more influence than it used to, and the trend is continuing.

But that is a long-term change.

For the foreseeable future, Ontario and Quebec will continue to have an outsized influence.

The policies causing Alberta the most harm, such as equalization, are designed to benefit eastern Canadians at the expense of voters in Alberta, and this is unlikely to change any time soon.

So, how is it that Alberta — the economic engine of the federation — has such little representation in Ottawa?

We contribute $20-plus billion per year to the rest of the country through equalization and various other transfer programs and yet election after election we are treated as the doormat of Ontario and Quebec.

Other countries solve this problem by having a second house of parliament — a Senate — explicitly designed to protect the interests of their provinces or states.

The House of Commons should represent, and protect the rights of us commoners while the Senate should represent and protect the rights of the provinces.

Instead, in Canada the Senate is appointed by the prime minister, and acts as a tool to help consolidate power, not distribute it.

In 1993, the Reform Party dominated Western Canada, sweeping the West on a platform centred around a Triple-E (equal, elected, and effective) Senate.

A Senate with effective powers, an equal number of senators per province, and chosen by popular vote would provide a regional balance to parliament, one that could allow for the Senate to act as a check on the House of Commons that is dominated by eastern interests.

Without regional representation in Ottawa, the federal government will continue to take advantage of Alberta and our economy.

The constitutional structure is rigged against us, an institutional problem caused by an unfair separation of powers between the federal government and the provincial government.

This is why systematic changes, not just tinkering, are absolutely necessary.

Albertans will be going back to the polls October 18 to vote in the municipal elections, along with a referendum to abolish equalization from the constitution.

Premier Jason Kenney’s equalization referendum is a good first step, but it must lead to significant reforms to the constitution — otherwise anything that changes with equalization can be undone with ease by the federal government in Ottawa.

Next month’s vote also includes elections for Senators-in-Waiting.

While not quite a Triple-E Senate, it’s a move in the right direction, though the likelihood of any elected senators being appointed by Canada’s current prime minister is low.

If the West wants a “Fair Deal,” then next month’s equalization referenda and senate election must be seen as the first step on a long journey, not the destination itself.

We need a change in governance, not just a change in government.

Josh Andrus is a Columnist for the Western Standard

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Opinion

EDITORIAL: Kenney must resign, now

“For the good of the conservative movement, for the good of the United Conservative Party, for the good of Alberta, and for the good of restoring our freedoms, Kenney must resign. Now.”

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Premier Jason Kenney has so badly bungled his responsibilities to Alberta that the time has come for him to resign. 

In fact, massive sections of his own party are demanding it.

His own caucus is rife with MLAs that have “no confidence” in his continued leadership. More than 30 party constituency association presidents have agreed to push for an emergency leadership review. The UCP’s vice-president (of policy) and a member of the party’s central board of directors says that he must resign now

Kenney has failed to live up to nearly all of his major election platform commitments: a successful fair deal fight with Ottawabuild pipelinesend corporate welfarekill the carbon taxbalance the budget, implement recall legislation, and most importantly: make Alberta “Strong and Free”. 

The premier was dealt a difficult hand with COVID-19, but his handling of it has been nothing short of disastrous. Rather than make Alberta “Strong and Free,” he has overseen an authoritarian growth in the power of the government over the private lives of Albertans. 

Acting on his orders, police attacked a kid playing hockey

Acting on his orders, police raided churches and erected barricades to keep worshipers out

Acting on his orders, police arrested pastors for refusing to stop preaching.

Acting on his orders, police jailed small business owners and seized their property

Acting on his orders, protests and rodeos were outlawed

Acting on his orders, Health Minister Tyler Shandro failed to build sufficient hospital capacity for a predictable surge in COVID-19 cases, to point where now the Alberta government is begging the Canadian military to intervene.

Acting on his orders, private businesses are now legally required to discriminate against citizens that do not have a mandatory vaccine passport

While Albertans suffered under the weight of a creeping tyranny, Kenney enjoyed a nice dinner on the rooftop of Alison Redford’s Sky Palace, in clear violation of his very own restrictions. In that dinner, he was joined by Finance Minister Travis Toews, Environment Minister Jason Nixon, Sandro, and a group of young staffers. 

Kenney is expected to make Shandro walk the plank this afternoon, and offer his political head up to appease his caucus and party that are demanding his own.

As terribly as Shandro has conducted himself as health minister, the buck does not stop with him; it stops with Kenney.

Shandro was not a rogue minister operating without supervision. He was following orders from his boss. 

Kenney is a well-known micromanager. Kenney and Shandro both are members of the Priorities & Implementation Cabinet Committee (PICC) that oversees all of the major COVID-19 decisions. The decisions to impose, rescind, and reimpose restrictions were made not just by Shandro, but by Kenney and the rest of this powerful cabinet committee. The decision to retract Kenney’s solemn pledge never to impose a mandatory vaccine passport was made not just by Shandro, but by Kenney as well. 

Shandro is to blame, but so too is Kenney and much of the inner circle around him. 

If Albertans are right in demanding Shandro’s resignation, then they are at least as right in demanding Kenney’s. 

It’s sad Kenney’s earlier, brilliant political career has degenerated to this. He was a smart and capable minister in the federal Harper government. He operated with boundless energy in his efforts to unite the Progressive Conservative and Wildrose parties. He triumphed in the UCP’s leadership race, and did Alberta a great service in dispatching Rachel Notley’s NDP after just a single term in office. He campaigned on a mandate of fighting for a fair deal for Alberta.

But Kenney’s continued presence in the premier’s office is now a grave threat to all of those accomplishments. 

He played a significant role in Erin O’Toole’s defeat at the hands of Justin Trudeau, leaving Alberta in weakened position. 

He risks splitting the United Conservative Party back up into its PC and Wildrose elements, something that’s already well underway with the growth of the Wildrose Independence Party. 

His continued leadership seems certain at this point to lead to a return of the Notley NDP to power. 

His presence creates the very real risk that Albertans will vote ‘no’ in the equalization referendum, as an opportunity to send him a message.

“You have sat too long for any good you have been doing lately … Depart, I say; and let us have done with you. In the name of God, go.”

For the good of the conservative movement, for the good of the United Conservative Party, for the good of Alberta, and for the good of restoring our freedoms, Kenney must resign. Now.

This editorial was jointly written by the Editorial Board of the Western Standard

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Opinion

NAVARRO-GENIE: The endemic path is the way out

“As a result, it is not people declining vaccination who are putting us in the gravest danger. It’s those who, perhaps fewer in numbers, continue to dream of, and push for, a global eradication of SARS-CoV-2.”

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Marco Navarro-Genie a columnist for the Western Standard

Alberta Premier Jason Kenney’s plan to treat the coronavirus as endemic was the way out of the COVID-19 crisis. That he again adopted restrictions, lockdowns, and vaxports for the province does not vaporize the endemic approach. For those keeping count, this is Alberta lockdown number four. 

But his declaration, paraphrasing Joe Biden, that we have “a crisis of the unvaccinated” offers no solution. The newest health impositions reveal a “vaccine” that doesn’t act like traditional vaccine. Old vaccines simultaneously provided individual immunity and a barrier against the spread of infection. The COVID-19 shots do not all that well either. 

The COVID-19 shots are no infection barrier, especially among elders. Alberta Government statistics show comorbidities are a better predictor of infection than the absence of vaccination. For those older than 60 with pre-existing conditions, over the last 120 days the rate of infection is higher for vaccinated people than for the non-vaccinated. Among those aged 80-plus with pre-existing conditions, the vaccinated have acquired the virus at three times the rate of the unvaccinated. 

For all its risks and failures, the COVID-19 shot lowers the rate at which the infected end up in hospital or succumb to the illness. This is certainly good. But we should come clean on the abysmal infection result among the older cohorts, even among those with no comorbidities.

Medical bureaucrats, legacy media, and governments have made the pandemic out to be all about case numbers, and in this sense we continue to fail our elders despite the rhetoric about vaccination. Not surprisingly, instead of immunization or the risks, the debate has moved to how vaccines help avoid the harsher reactions to the virus.

The central question about how to exit the crisis, however, is this:  if everyone were vaccinated tomorrow, it’s clear now from existing data the spread of infection would not stop. Oscillating somewhere between 30 and 50%, those vaccinated still contract and spread the infection. Data from Israel show, and manufacturers now admit, the efficacy of the COVID-19 shot declines within months and the limited protection it offers may not last past six months.

The COVID-19 shot is not the promised silver bullet. Booster shots, we now hear, are the immediate and longer-term solution. But the rush impulse to give everyone boosters, already being indulged in the United States, bring us to significant ethical and practical problems.

In ethical terms, rich countries offering boosters further delays the first shot for half the planet’s population. The policy universalizes the Justin Trudeau approach: rob vaccines from the poor to give to the rich. 

On the practical side, more variants will arise in a world where half the population has not been “vaccinated” and in which a quarter to half the vaccinated can still transmit infection. The catalogue already includes more than 3,000 mutations of SARS-CoV-2, and there will be more. As the Brazil and India variants have shown, populous countries like Nigeria, Indonesia, Bangladesh, Pakistan and so forth might, be ripe for generating more “variants of concern.”

These variants have great potential to find their way to Canada each time, challenging the efficacy of the shots and producing waves of new cases among vaccinated and unvaccinated. Given the speed at which medical bureaucrats make politicians panic, and given the speed at which healthcare systems are brought to the brink of collapse, new infection waves will push toward the only alternative leaders know: restrictions and lockdowns. 

All of this, let me repeat, has the potential to occur and likely will, even when every single person in Canada has been vaccinated. 

Therefore, a better exit strategy from leaders is needed than just relying on the limited ability of the vaccine. Failure to devise and implement such strategy will condemn us to live in a repeating cycle of clamping and reopening. It will continue to weaken economies, increase anxieties, family violence and mental health disorders, augment unemployment, keep deaths by overdose at rates as high or higher than we have had, continue school closures, bankruptcies, restrictions on elective and not-so-elective procedures for chronic and other diseases, and maintain the focus of fear on COVID-19 that has caused more death than the virus.  

As a result, it’s not people declining vaccination who are putting us in the gravest danger. It’s those who, perhaps fewer in numbers, continue to dream of, and push for, a global eradication of SARS-CoV-2. They drive the policies that subject us to lockdown cycles.

They are far more dangerous than the virus itself.

Marco Navarro-Genie a columnist for the Western Standard and is president of the Haultain Research Institute, a senior fellow with the Frontier Centre for Public Policy. With Barry Cooper, he is co-author of COVID-19: The Politics of a Pandemic Moral Panic (2020).

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