Quote:
Originally Posted by Amethyst
The judge interpreted the law to say the CMOH makes the decisions. Who made the law in the first place? Government. The likely outcome of this decision is not that the government will step aside in the future and let the CMOH make all the decisions. Most like they will change the law to make certain powers the responsibility of the government.
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Moreover, Hinshaw was asked to respond to three questions relevant to the case at hand:
- Did the premier/cabinet direct her to impose more severe restrictions than she recommended?
- Did cabinet direct her to impose more severe restrictions on churches, gyms, schools, etc. than she had recommended?
- Did she ever recommend to cabinet that restrictions be lifted/loosened and that recommendation was refused or ignored?
The answer to all of those questions was 'no'.
All the court determined was that the way in which some public health orders were made were held to be in violation of Alberta public health laws because the orders were issued through cabinet rather than direct from Hinshaw as CMOH.
The actual content of the orders were held to be constitutional.