by The Honourable A. Brian Peckford
August 3, 2023
I’m Not Finished Yet With That Atrocious Alberta Court of King’s Bench Decision
I just scanned the Epoch Times to see how they covered the decision .
A smattering of lawyers were contacted and gave comments.
Interestingly, not one went near the supremacy of God concept that introduces the Charter and how the court decision ignored it , making the whole decision without validity.
God has become pretty absent in many things in Canada these days. Oh, it was present a little when all those Christian Churches were burnt but nothing was really done about a lot of it and there was no outcry from any quarter.
I suspect that’s why I was not called by the Government of Canada in my lawsuit( with others) on the travel ban .
And why I was rejected as a witness at the flawed Rouleau inquiry.
And why this very Alberta Judge refused a request by a lawyer to have me appear as a witness.
Three strikes and you are out.
And Epoch Times did not see fit to ask my opinion being the last living first minister who is a signatory to the Constitution Act 1982 of which the Charter is a part and which was at issue in this case.
Funny thing about that .
Some lawyers call it a victory, others a slim victory—-blah, blah .
If one looks at how this judge tried to rehabilitate the Alberta health officer and reject independent science and other expertise there is little victory here. No talk of cost benefit analysis to see whether the test of ‘ demonstrably justify ‘ was met. Or the intent of Section 1 that I could have given .
If one is to be glad that a Judge knows the difference between the powers of the Alberta Public Health Officer and the Minister of Heath or Cabinet , then we have a very low bar for victory to be declared .
The only slight ray of light was the acknowledgement that one of the claimants’s Charter religious freedoms were violated , but then the orders were invalid so little to celebrate here.
I can only theorize that the initial sense of victory was as a result of someone in authority having done something wrong —-but it was really a technical victory of who was to be the people to be responsible for all the health orders.
Ironic it is since the Executive and the Legislature are always responsible for actions that happen by a Provincial Government . It’s called Responsible Government .
We see a lot on mismanagement here in the Provincial Government and a lot of faulty ‘reasoning ‘ by the judiciary.