Premier Jason Kenney announced Tuesday that Alberta would be adding hospitals, clinics and other health-care facilities to the list of essential infrastructure protected under Bill 1, the Critical Infrastructure Defence Act.
Kenney was joined by new Health Minister Jason Copping, Justice Minister Kaycee Madu and Alberta’s chief medical officer of health Dr. Deena Hinshaw for the COVID-19 update.
“Recent protests at hospitals have revealed the need to keep health-care workers safe and to make sure Albertans can receive critical care when they need it,” Kenney said.
“All Canadians have the right to peaceful protest, but blocking ambulances and preventing people from getting treatment is definitely not peaceful.
“Law enforcement is now fully empowered to make sure hospitals and health facilities are safe,” the premier said.
Bill 1 “protects essential infrastructure from damage or interference caused by blockades, protests or similar activities, which can cause significant public safety, social, economic and environmental consequences.”
The act, which came into force on June 17, 2020, builds on existing trespassing laws to create offences for trespassing on, destroying, damaging and obstructing the use or operation of any essential infrastructure.
Prior to Sept. 28, Bill 1 defined essential infrastructure as: pipelines and related infrastructure, oil and gas production and refinery sites, utilities (electric, gas, and water), telecommunication lines, towers and equipment, highways, railways and mines.
The province said hospitals and health-care facilities would be added to the bill this week.
“Hospitals need to be protected for people seeking vital health care and services, and for the health-care workers dedicated to providing that care day in, day out,” Copping said.
“Alberta’s government is taking this important step to ensure staff, patients and families all have safe, quick access to the facilities and services they need without added stress and fear over disruption or intimidation.”
The health minister thanked health-care workers and their loved ones.
“I offer my direct and sincere thank you to the health-care professionals who have given everything they have and so much more.”
“I’m not in the trenches with you, but I hear you,” he said.
Offences exist for: wilfully entering any essential infrastructure, wilfully destroying or damaging essential infrastructure, wilfully obstructing, interrupting or interfering with the construction, maintenance, use or operation of any essential infrastructure, gaining entry to any essential infrastructure under false pretenses, an individual or corporation to aid, counsel or direct the commission of an offence.
The penalties are: For individuals, a minimum fine of $1,000 and up to $10,000 and $25,000 for first and subsequent offences respectively or a term of imprisonment of up to six months, or both. For corporations, a minimum fine of $10,000 and up to $200,000.
The Opposition wants the UCP to specify that the changes to Bill 1 won’t prevent health-care workers from any potential job action.
“I was expecting to hear an assurance that Bill 1 will not be used against health-care workers in the event of labour action, and I call on the UCP to clarify this immediately,” Irfan Sabir, NDP critic for Justice and Solicitor General, said in a statement.
“The harassment of health-care workers and patients by anti-mask and anti-vaccine extremists outside Alberta hospitals is disgusting, and the Alberta NDP condemns it. The UCP government did nothing to prevent these incidents for many weeks.
“The premier’s office said the excruciating pressure on health-care workers will continue to get worse for at least another month, and yet he failed to present any kind of a plan to address this. Yet again, the UCP response to COVID-19 is far too little, far too late.”
The nurses union is also concerned about the changes to Bill 1.
“If this was really aimed at anti-vax protesters, they would have done this some time ago,” David Harrigan, director of labour relations for the United Nurses of Alberta, told Global News.
“There have not been any anti-vax protests at hospitals for weeks. There are none announced and as far as anyone can tell, there are none planned.
“It is most likely that this addition is a direct result of the fact that nurses are in formal mediation and could be in a legal strike position. They want to ensure that no picketing will take place,” Harrigan said.
Calgary’s police chief said Tuesday’s announcement regarding Bill 1 gives officers another tool in their toolbox when dealing with these types of situations.
“It’ll be a useful tool like the other ones that currently exist,” Mark Neufeld said. “On a case-by-case basis, we will use them as we need to. But my most sincere hope would be that we don’t have to in those locations.”
When asked for clarification about how the changes to Bill 1 could impact health-care workers’ job action, a spokesperson for the minister of justice said:
“The Critical Infrastructure Defence Act does not ban protests and demonstrations, nor does it restrict lawful protests or prevent anyone from exercising their constitutionally-protected rights to freedom of expression and freedom of assembly,” Alex Puddifant told Global News.
“The continued operation of our health facilities is, indeed, critical — this regulation will stop those who seek to block Albertans’ ability to access important health services.
“The government and elected officials do not direct the day-to-day operational decisions of law enforcement agencies in Alberta – including decisions made about deployment and enforcement. Alberta’s government expects that law enforcement agencies will exercise their authority properly and within the confines of the Charter and all other applicable laws,” Puddifant added.
Daily COVID-19 numbers
Hinshaw announced a rule change for child-care facilities, explaining all staff must now wear face masks while at work to protect those too young to access the COVID-19 vaccine.
Alberta Health said Tuesday it had confirmed 1,246 new cases of COVID-19 out of about 11,100 tests.
The positivity rate sat at about 11.5 per cent.
There were 20,513 active cases across the province on Tuesday.
There were 1,100 Albertans in hospital with COVID-19, 263 of whom were being treated in the ICU as of Tuesday.
Hinshaw said 18 new COVID-related deaths were reported over the last 24 hours.
In response to rising case numbers and COVID-19 ICU admissions that were pushing the health system to the brink, Kenney announced Sept. 15 public health measures that would go into effect Sept. 16 as well as the vaccine passport — known in Alberta as the restrictions exemption program — which would take effect at eligible businesses and facilities on Sept. 20.
Kenney said Tuesday more time is needed to measure the impact of the latest rule changes.
“We will take additional measures if we deem them necessary.”
However, he said the roughly 17 per cent of unvaccinated Albertans over 12 are also the least likely to comply with public health restrictions.
Kenney said even if additional measures were implemented, like the “lockdown” approach, there would likely be “widespread noncompliance” from some Albertans, especially those who have chosen not to be immunized.
The number of total active COVID-19 cases across the province rose to 21,307 Monday, up from 20,040 reported on Friday.
That same day, the total active cases for all of Canada was 46,425 — meaning nearly half were in Alberta.
Alberta has — by far — the highest number of current active cases in Canada, according to the federal government’s data. The next closest is B.C., which had 6,486 active cases as of Sept. 27.
In fact, Alberta’s current number of active cases is higher than B.C., Saskatchewan, Manitoba and Ontario combined.
Prime Minister Justin Trudeau said Tuesday that the federal government promises to “have the backs” of Albertans.
“Our officials at multiple levels have been reaching out to Alberta and Saskatchewan to offer any and all help — from Canadian Red Cross, to military, to extra equipment to airlifting in nurses and doctors from other jurisdictions who’ve offered.
“I’ve asked my office to reach out directly to the premiers’ officers and I hope to be speaking with Premier Kenney tomorrow — and Premier Moe soon as well — to again reiterate our commitment to support the people of Alberta and Saskatchewan who are facing an extraordinarily difficult and heartbreaking situation right now.”
“If Alberta were to choose to take further steps and go into a lockdown, federal supports for businesses, for individuals, would kick back in and we’d make sure that we were there to support people. We’re making it easy for provinces to follow the best public health guidance that they possibly have,” Trudeau said.
When asked if he had declined federal help, Kenney said Tuesday: “The Canadian Armed Forces has a very minimal health capacity… in medical personnel.”
“They only have a very small number of medical field officers.”
Kenney said provincial modelling indicates Alberta’s worst-case scenario could see a pinch in the third or fourth week of October. That peak, he said, could see ICU capacity top out at 380 beds.
He said provincial officials are looking closely — and speaking with other provinces — at whether additional health personnel will be needed.
However, Kenney said measures implemented on Sept. 20 and increased vaccination rates could abate the pressure on the health system by the end of October.
“We need every Albertan to do their part. That means following the rules and that means getting vaccinated, most importantly.”
As part of its contingency planning, Alberta has looked into transferring patients to other provinces as well as U.S. hospitals.
ICU capacity
As of Tuesday at 11 a.m., Alberta Health Services had 370 ICU beds, including 197 additional spaces, a 114 per cent increase over the baseline of 173.
“AHS has opened 32 additional ICU surge spaces in the past seven days,” spokesperson Kerry Williamson said.
Alberta has 318 patients in ICU, “the vast majority of whom are COVID positive.
“This is the highest number of patients in ICU since the pandemic began.”
The number of patients in ICU has increased by 10 per cent in the past seven days,” Williamson said.
Hinshaw said Monday that out of the 265 Albertans with COVID-19 in ICU, 91.7 percent are unvaccinated or partially vaccinated.
Calls for action
Fifty-eight intensive care physicians who represent a section of the Alberta Medical Association (AMA) wrote a letter Monday, saying the province remains on the verge of a health system collapse.
The association says demand for intensive care nurses is so great, the number of patients assigned to each nurse has been increased, putting the level of care well below normal standards.
They’re asking Albertans to advocate to the provincial government to continue to control the spread of COVID-19 through public health measures. The ICU doctors are encouraging those who are vaccinated to support others to be immunized. And, the doctors urged everyone to continue to follow public health measures, along with wearing masks where appropriate, washing hands, and staying home when sick.
On Sunday, Alberta’s former chief medical officer of health co-wrote a letter pleading for the government to initiate a fire-break lockdown in an effort to slow the fourth wave.
On Tuesday, the Alberta Teachers’ Association issued a news release indicating it supports and encourages “reasonable policies that require school staff to be vaccinated against COVID-19.”
If the province doesn’t establish vaccine mandates, the ATA is encouraging individual school boards to introduce them.
“The best way to support student safety at a time when so many students cannot be vaccinated is to ensure that the adults around them are vaccinated,” ATA president Jason Schilling said in a news release.
“We cannot mandate vaccination for our members so we are making it clear that we believe those who can — like the government of Alberta or individual school boards — should.”
The ATA also released a policy statement to help school boards develop mandates that comply with the ATA’s legal advice.