Premier Kenney urged to ignore 'fearmongering' doctors calling for more lockdown measures

The JCCF said in the press release these lockdown measures violate the Canadian Charter of Rights and Freedoms by restricting people’s ability to move, travel, associate, assemble, and worship.

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Jonathan Bradley Montreal QC
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The Justice Centre for Constitutional Freedoms (JCCF) is calling on Alberta Premier Jason Kenney to disregard a Nov. 9 letter from doctors demanding further lockdown measures.

The JCCF said in the press release these lockdown measures violate the Canadian Charter of Rights and Freedoms by restricting people’s ability to move, travel, associate, assemble, and worship.

The Nov. 9 letter speaks about a growth in cases. The letter fails to mention COVID-19 deaths peaked in April and May, but they have declined and remained low.

John Carpay, a constitutional lawyer and the president at the JCCF, said in the press release the Alberta Health Services is clear there is no second wave of COVID-19 deaths. Carpay said ignoring this data is fearmongering.

The doctors said in their letter hospitalization and ICU admissions are at an “all-time high.” These doctors fail to mention on Nov. 9, AHS said 207 people were hospitalized with COVID-19, and 43 of them were in the ICU. There are 8,515 hospital beds in Alberta.

Carpay said Kenney should not overreact to COVID-19.

“AHS data tells us there is no crisis, which means these doctors are fearmongering,” said Carpay.

These doctors warn in their letter about the health care system being “overrun,” which is similar to the claims made in March and April. Their claims did not materialize.

The doctors said there could be “catastrophic” consequences except if Kenney imposes a two-week “sharp” lockdown as a “circuit breaker.”

Carpay said what has been more catastrophic is the harms lockdown measures have inflicted on people, by way of deaths from cancelled surgeries, delayed cancer diagnoses, drug overdoses, suicides, and economic devastation caused by thousands of businesses closing their doors and laying off employees. Lockdowns have imposed serious harm on patients denied access to their physiotherapists, massage therapists, optometrists, chiropractors, osteopaths, podiatrists, and dentists.

The JCCF urged Kenney to continue to have compassion for people forced into unemployment, poverty, bankruptcy, and despair by lockdown measures.

Carpay said public health should consist of fighting more than one virus. He said all illnesses deserve appropriate attention and treatment. This single-minded, obsessive focus on COVID-19 ignores the sickness and death caused by other illnesses, which are preventable with proper medical care.

Carpay said further lockdown measures could be ruled unconstitutional.

“The Canadian Charter of Rights and Freedoms places the onus on government to show that lockdown measures have, in fact, saved more lives than the number of lives which lockdown measures have destroyed,” he said. “The Charter does not place any burden on citizens to prove that lockdowns do more harm than good.”

He said rather than initiate more lockdown measures, Kenney should protect people who are vulnerable and remove any remaining Charter-violating policies continuing to harm Alberta’s society and economy.

The Alberta government enacted new targeted measures to combat COVID-19 on Nov. 12.

There will be a two-week ban on group fitness classes, team sport activities, and group performance activities in Edmonton and surrounding areas, Calgary and surrounding areas, Grande Prairie, Lethbridge, Fort McMurray, and Red Deer.

Regions under enhanced status will require restaurants, bars, lounges, and pubs to stop liquor sales by 10 p.m. and close by 11 p.m.

These regions will see restrictions on the size of wedding and funeral services, religious services, social gatherings, and workplaces.

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