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OPINION | The hypocrisy of Jason Kenney’s charter rhetoric

This column is an opinion from Calgary-based writer Claire Porter Robbins. An unprecedented number of Albertans tuned in on Nov. 24 to listen to what, in “ordinary times,” would not have caught the attention of even the most wonky among us: a press conference by the premier of Alberta on the subject of public health. But this is no ordinary year, and it was no ordinary week — with case numbers skyrocketing, and whispers of Alberta’s intensive care units approaching capacity, Albertans were anticipating sharper restrictions. What Albertans got, instead, was poetic waxing by Premier Kenney on his self-professed reverence for the Charter of Rights and Freedoms, complete with embellished examples of Albertans for whom he claimed he was defending these rights. At one point, the premier opined, “In so much of the debate, have [we] forgotten about the Charter of Rights and Freedoms?” It’s an interesting question, particularly when coming from a leader who has, in the short span of 18 months, introduced two new bills already subject to expensive charter challenges in our courts.  When you peer behind the press conference rhetoric, into the day-to-day job of drafting and implementing legislation, the premier’s invocation of the charter seems particularly expedient, and incredibly partisan.  Charter contradictions Take for example how, later in the week, when asked about ticketing or arresting the hundreds of anti-mask protestors who gathered in Calgary and Edmonton for violating public health restrictions, the premier defended their right to gather, repeatedly citing the charter. In essence, if you want to gather on municipal property and decry the apparently massive inconvenience of wearing a face mask, that is, according to the premier, your charter right. Fine. That makes sense. But let’s say you want to protest somewhere outside your workplace with your union for better wages, safer conditions or whatever happens to be the case. According to the UCP’s Bill 32, which received royal assent this July, you’ll have to receive approval from the provincial Labour Relations Board to conduct this type of secondary demonstration.  That’s right — you’ll need government approval to protest. Queue the jokes about 2020 morphing into 1984. It’s not difficult to spot the contradiction in Bill 32: What about the charter right to freedom of expression? That’s the first charter challenge. The second is much farther reaching. Bill 1, which received royal assent in June, limits protest across a broad swath of locations. Pretty much every possible location, actually. During debate in the legislature, former justice minister Doug Schweitzer and Premier Kenney stated that the intention of the bill is to protect against demonstrations like the anti-pipeline railway blockades by Indigenous and environmental groups that tied up supply chains in early 2020. Minister Schweitzer even expressed his hope that other provinces would pass similar legislation. But here’s the issue, as legal experts like professors Jennifer Koshan, Lisa Silver and Jonnette Watson Hamilton at the University of Calgary have pointed out: Railway blockades encompass a tiny slice of the types of acts for which Albertans could receive massive penalties, including prison time, under this bill. By incorporating the Traffic Safety Act, Bill 1 restricts protests at pipeline and infrastructure sites, but also incorporates the following locales: thoroughfares, streets, roads, trails, avenues, parkways, driveways, viaducts, lanes, alleys, squares, bridges, causeways, trestleways and “any other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles.” Sidewalks are included as well. You read that correctly: In 2020, in Alberta, it is illegal to protest on a public or private sidewalk or street. No, this is not Soviet Russia. Again, it doesn’t take a legal scholar to untangle the obvious contradictions between Bill 1 and our charter-protected rights to freedom of expression, freedom of association and freedom of assembly. That’s why Bill 1, like Bill 32, is now subject to a charter challenge, tying up justice department resources and leaving Alberta taxpayers to foot the legal bills. One might also wonder why, if Albertans are not allowed to gather on public or private grounds as per Bill 1, hundreds of protestors were allowed to gather on streets and sidewalks in downtowns across the province to protest mandatory mask rules. The answer is simple. The premier is picking and choosing who gets to exercise their constitutionally protected freedoms. The weaponization of the charter Labour activists, no. Environmental activists, no. Anti-authority, right-leaning anti-maskers who may or may not compose the UCP’s base? Go right ahead. It’s “a free society,” he said in a Facebook Live event, and we have a Charter of Rights and Freedoms to ensure that. Yes, some organizers of the protests were ticketed $1,200 under the Public Health Act. But those fines are slaps on the wrist compared with the $10,000 to $20,000 fines legislated under Bill 1, a piece of legislation ostensibly enacted to protect Albertans’ safety, or so the premier and Schweitzer claimed during its debate in the legislature. The strategy here is fairly apparent: When the ideologically opposed voice their dissent, limit that expression on the grounds of safety. When the ideologically aligned break rules imposed to limit the spread of a deadly pandemic, hide behind their charter rights. Premier Kenney knows what he is doing. Just like the United States’ Constitution, the Charter of Rights and Freedoms is a powerful, prescient document. But unlike our southern neighbours, Canadians aren’t accustomed to our foundational documents being thrown back and forth for virtue signalling (at best) or as a shield to protect against democratic backlash (at worst). We don’t have to get used to that type of political rhetoric. It’s up to the courts now to determine whether Bills 1 and 32 violate the charter. But the pattern has crystallized, and we’d be wise to call it out for what it is: the manipulation and weaponization of the charter. This column is an opinion. For more information about our commentary section, please readour FAQ.

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Canada to donate up to 200,000 vaccine doses to combat mpox outbreaks in Africa

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The Canadian government says it will donate up to 200,000 vaccine doses to fight the mpox outbreak in Congo and other African countries.

It says the donated doses of Imvamune will come from Canada’s existing supply and will not affect the country’s preparedness for mpox cases in this country.

Minister of Health Mark Holland says the donation “will help to protect those in the most affected regions of Africa and will help prevent further spread of the virus.”

Dr. Madhukar Pai, Canada research chair in epidemiology and global health, says although the donation is welcome, it is a very small portion of the estimated 10 million vaccine doses needed to control the outbreak.

Vaccine donations from wealthier countries have only recently started arriving in Africa, almost a month after the World Health Organization declared the mpox outbreak a public health emergency of international concern.

A few days after the declaration in August, Global Affairs Canada announced a contribution of $1 million for mpox surveillance, diagnostic tools, research and community awareness in Africa.

On Thursday, the Africa Centres for Disease Control and Prevention said mpox is still on the rise and that testing rates are “insufficient” across the continent.

Jason Kindrachuk, Canada research chair in emerging viruses at the University of Manitoba, said donating vaccines, in addition to supporting surveillance and diagnostic tests, is “massively important.”

But Kindrachuk, who has worked on the ground in Congo during the epidemic, also said that the international response to the mpox outbreak is “better late than never (but) better never late.”

“It would have been fantastic for us globally to not be in this position by having provided doses a much, much longer time prior than when we are,” he said, noting that the outbreak of clade I mpox in Congo started in early 2023.

Clade II mpox, endemic in regions of West Africa, came to the world’s attention even earlier — in 2022 — as that strain of virus spread to other countries, including Canada.

Two doses are recommended for mpox vaccination, so the donation may only benefit 100,000 people, Pai said.

Pai questioned whether Canada is contributing enough, as the federal government hasn’t said what percentage of its mpox vaccine stockpile it is donating.

“Small donations are simply not going to help end this crisis. We need to show greater solidarity and support,” he said in an email.

“That is the biggest lesson from the COVID-19 pandemic — our collective safety is tied with that of other nations.”

This report by The Canadian Press was first published Sept. 13, 2024.

Canadian Press health coverage receives support through a partnership with the Canadian Medical Association. CP is solely responsible for this content.

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How many Nova Scotians are on the doctor wait-list? Number hit 160,000 in June

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HALIFAX – The Nova Scotia government says it could be months before it reveals how many people are on the wait-list for a family doctor.

The head of the province’s health authority told reporters Wednesday that the government won’t release updated data until the 160,000 people who were on the wait-list in June are contacted to verify whether they still need primary care.

Karen Oldfield said Nova Scotia Health is working on validating the primary care wait-list data before posting new numbers, and that work may take a matter of months. The most recent public wait-list figures are from June 1, when 160,234 people, or about 16 per cent of the population, were on it.

“It’s going to take time to make 160,000 calls,” Oldfield said. “We are not talking weeks, we are talking months.”

The interim CEO and president of Nova Scotia Health said people on the list are being asked where they live, whether they still need a family doctor, and to give an update on their health.

A spokesperson with the province’s Health Department says the government and its health authority are “working hard” to turn the wait-list registry into a useful tool, adding that the data will be shared once it is validated.

Nova Scotia’s NDP are calling on Premier Tim Houston to immediately release statistics on how many people are looking for a family doctor. On Tuesday, the NDP introduced a bill that would require the health minister to make the number public every month.

“It is unacceptable for the list to be more than three months out of date,” NDP Leader Claudia Chender said Tuesday.

Chender said releasing this data regularly is vital so Nova Scotians can track the government’s progress on its main 2021 campaign promise: fixing health care.

The number of people in need of a family doctor has more than doubled between the 2021 summer election campaign and June 2024. Since September 2021 about 300 doctors have been added to the provincial health system, the Health Department said.

“We’ll know if Tim Houston is keeping his 2021 election promise to fix health care when Nova Scotians are attached to primary care,” Chender said.

This report by The Canadian Press was first published Sept. 11, 2024.

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Newfoundland and Labrador monitoring rise in whooping cough cases: medical officer

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ST. JOHN’S, N.L. – Newfoundland and Labrador‘s chief medical officer is monitoring the rise of whooping cough infections across the province as cases of the highly contagious disease continue to grow across Canada.

Dr. Janice Fitzgerald says that so far this year, the province has recorded 230 confirmed cases of the vaccine-preventable respiratory tract infection, also known as pertussis.

Late last month, Quebec reported more than 11,000 cases during the same time period, while Ontario counted 470 cases, well above the five-year average of 98. In Quebec, the majority of patients are between the ages of 10 and 14.

Meanwhile, New Brunswick has declared a whooping cough outbreak across the province. A total of 141 cases were reported by last month, exceeding the five-year average of 34.

The disease can lead to severe complications among vulnerable populations including infants, who are at the highest risk of suffering from complications like pneumonia and seizures. Symptoms may start with a runny nose, mild fever and cough, then progress to severe coughing accompanied by a distinctive “whooping” sound during inhalation.

“The public, especially pregnant people and those in close contact with infants, are encouraged to be aware of symptoms related to pertussis and to ensure vaccinations are up to date,” Newfoundland and Labrador’s Health Department said in a statement.

Whooping cough can be treated with antibiotics, but vaccination is the most effective way to control the spread of the disease. As a result, the province has expanded immunization efforts this school year. While booster doses are already offered in Grade 9, the vaccine is now being offered to Grade 8 students as well.

Public health officials say whooping cough is a cyclical disease that increases every two to five or six years.

Meanwhile, New Brunswick’s acting chief medical officer of health expects the current case count to get worse before tapering off.

A rise in whooping cough cases has also been reported in the United States and elsewhere. The Pan American Health Organization issued an alert in July encouraging countries to ramp up their surveillance and vaccination coverage.

This report by The Canadian Press was first published Sept. 10, 2024.

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