Alberta politicians could have final say in public health emergency if bill passes

The Alberta government is proposing changes to the Public Health Act to allow politicians to make final decisions during public health emergencies. Cabinet would still hear expert advice from medical officials before making any final calls.

Former chief medical officer of health James Talbot said it would be more accurate to call Bill 6 the “political interference in public health emergencies amendment.”

“If it gets passed, particularly in its present form, it’s going to significantly weaken the ability of the chief medical officer and any other local medical officer of health to respond during a public health emergency,” Talbot said.

Talbot said medical experts who make decisions during public health emergencies consider everyone, and their concern is health and safety, they are not worried about people complaining to MLAs.

“By introducing (decisions) to cabinet you are taking it out of the hands of an objective physician who’s used to having to make decisions, in which people’s lives can be impacted as much as whether they live or die,” Talbot said.

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“Giving it to a group of people, who have none of that experience and are prepared to be swayed by powerful interests, whose interests are different than looking out for the people affected, that is one of the most insidious things.”

Justice Minister Mickey Amery said Thursday that Albertans elect MLAs to make decisions in the best interests of the public. This legislation ensures that final decision-making authority, and the accountability that must come with it, rests with those entrusted by Albertans.

In August, several health charges were dropped against an Edmonton-area pastor and church as well as a central Alberta man who hosted a rodeo in protest of COVID-19 restrictions.

The cases were quashed after a court decision a month earlier found the Alberta government under then-United Conservative Party premier Jason Kenney improperly imposed the orders under the Public Health Act.

The judge found that Dr. Deena Hinshaw, who was the province’s chief medical officer of health at the time, had not made the decision to impose the orders — instead leaving it up to provincial cabinet.

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The decision said the orders would have been constitutional had they been properly enacted by Hinshaw.

“Do you want those decisions made by people who have training, experience and have the proper reverence for human life, or do you want it made by the cabinet… I think the choice is crystal clear,” Talbot said.

Chaldeans Mensah, political scientist with Macewan University, said this move is not surprising. The UCP AGM is coming up and its voter base was unhappy with many public health orders during the pandemic, Mensah said.

“I think they are playing a political card here that is saying look we will be held accountable but the question is when you set that responsibility are you compromising the health aspects,” said Maldeans.

“One of the potential consequences of Bill 6 is if there is another public health emergency, now we know where the decision is coming from… There will be a political price to pay if things go south and nobody can hide under the chief medical officer.”