SCC Court File No.:_ IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE ALBERTA COURT OF APPEAL)

20.500.12592/0hjdps

SCC Court File No.:_ IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE ALBERTA COURT OF APPEAL)

11 Jan 2023

The Decision of the Alberta Court of Appeal ..................................................51 PART II – STATEMENT OF THE QUESTIONS IN ISSUE .............................51 PART III – STATEMENT OF ARGUMENT ......................................................52 Clarifying the Application of the Charter to Provincial Medical Programs .........52 Issue No. [...] Finally, the present case provides an opportunity for this Honourable Court to weigh in on the applicability of the Alberta Bill of Rights to AHS’ and the ABC Hospital’s Covid-19 vaccine requirement, as the Alberta Court of Appeal’s decision is silent regarding the statutory rights of the Appellant under this legislation. [...] The Alberta Court of Appeal rejected the Applicant’s claim that the Respondents deprived her of the right to life as it determined that no sufficient causal connection existed between the AHS Covid-19 vaccine requirement and an increased risk of the Applicant’s death.46 The Court held that the Covid-19 vaccine requirement did not prohibit her access to medical treatment, finding that the vaccine “. [...] The Alberta Court of Appeal factored in the safety and efficacy of the Covid-19 vaccine into its analysis of whether the Applicant’s section 7 security of the person right was engaged, even though it declined to assess the scientific evidence, including significant evidence of the vaccine’s lack of safety and efficacy. [...] The difficulty with the logic in the Alberta Court of Appeal’s decision is that it shifts the cause of the stress away from the state, which imposed the requirement, to the individuals making a choice not to comply with the mandates.

Authors

AnnekePingo

Pages
25
Published in
Canada