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Photo by David Bloom Photo

Bill 10 has also increased the maximum penalty for disobeying the Public Health Act from $2,000 to $100,000 for a first offence, and from $5,000 to $500,000 for a subsequent offence.

The only justification provided by Health Minister Tyler Shandro for these new powers was to “strengthen our ability to protect the health and safety of Albertans.” Why ministers need the power to write laws on the fly was not explained.

Without review or approval of the legislature, a minister can now create a new order requiring people to install tracking devices on their cellphones, and requiring them to register their phones with the government. Without any oversight, a minister can create an exclusive list of people who are legally permitted to go outside, or legally authorized to drive a vehicle, and impose a $1,000 fine on those who walk outside or drive “illegally” because they are not on the list. The health minister could unilaterally declare that all sick people must be forcibly removed from their homes, as the World Health Organization has suggested. And an order could be issued for mass vaccination, without any discussion or debate in the legislature.

Photo by Darren Makowichuk/Postmedia

Cabinet’s powers to suspend laws and create new laws without input or approval from the legislature will eventually come to an end, after the government decides that the public health emergency has ceased. The Public Health Act refers to a 30-day period for a public health emergency, but nothing in the legislation stops the cabinet from declaring another public health emergency the day after the first one expires. Practically speaking, the provincial cabinet, on the advice of the chief medical officer, could maintain a public health emergency for months or even years.