FINAL WRITTEN ARGUMENT OF THE RESPONDENTS, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA and THE CHIEF MEDICAL OFFICER OF HEALTH

The Bill of Rights claims and the claim the CMOH Orders are ultra vires the purpose of the PHA ........................................................................................................................................ [...] In particular, as the Charter issues and the scientific evidence in Gateway are very similar to the evidence and issues before this Court, Alberta submits that Chief Justice Joyal’s reasons are highly instructive on the approach this Court should take in assessing the competing scientific evidence, on assessing the merits of the specific arguments of the Applicants on the scientific evidence as it. [...] The Bill of Rights claims and the claim the CMOH Orders are ultra vires the purpose of the PHA a) Bill of Rights Arguments 13. [...] The orders of the CMOH made under section 29 of the Public Health Act contravene section 2 of the Alberta Bill of Rights. [...] Pursuant to section 2 of the Alberta Bill of Rights, section 29 of the Public Health Act must be construed and applied so as not to authorize the abrogation or infringement of the rights protected by section 1 of the Alberta Bill of Rights.