Nov. 9, 2022

Alberta Court Of Appeal denies our Charter Rights

In a shocking rebuke of all we have come to know and expect, the Alberta Court of Appeal has ruled that certain clinical decisions by doctors in this country do not fall under the Charter of Rights and Freedoms. 

This is the well-known case Lewis vs Alberta Health Services where one, Annette Lewis, was being denied a needed organ transplant because she refused to take the covid vaccine and appealed a decision against her in a lower Alberta Court to Alberta’s highest court, The Court of Appeal. That Court endorsed the ruling of the lower court that the clinal decision by the doctors determining the transplant rules does not fall under government legislation, regulation and therefore does not fall under government activity and therefore, The Charter of Right and freedoms does not apply. 

This confirms again my earlier contention that in this country we are seeing the big divorce  – law and justice. Again there is no justice here.

The activity that the doctors performed: deciding on an organ transplant program’s conditions, the court says, was not really a government function or activity, not something in legislation per se. Therefore, the Charter Section does not apply: “life, liberty and security of the person.” 

What a load of manure that is!

We have a Government-run public heath care system, provincial-government-run and under its jurisdiction and financed by a province with complimentary federal dollars for doctors and hospitals financed by the public purse. 


Our Constitution, Section 92(7) of the BNA Act says that the Province has exclusive jurisdiction over “The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.”


And federal legislation, The Canada Health Act says: 

AND WHEREAS the Parliament of Canada wishes to encourage the development of health services throughout Canada by assisting the provinces in meeting the costs thereof;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

In other words Heath in Canada is a government-run enterprise, a Public Health System/

All the provincial governments have provincial government health care plans. 

Now by some stroke of legal gymnastics worthy of a gold medal, our courts are saying all this is government run, pubic doctors, public health program in public run hospitals, but nevertheless the actual program i.e. public organ transplant program “conditions established by public doctors in a public hospitals somehow is not public in terms of coming under our country’s Constitution established by the public through their governments. 


The clinical act of establishing the organ transplant program conditions. even though done under the auspices of everything government and public, escapes the Charter because the Charter applies to government action, that some how the clinical act of public-paid doctors establishing conditions for an organ transplant program, government financed, in a government financed hospital does not come under Government – the Charter of Rights and Freedoms, our Constitution?

Got that. 

Canada —-have we got work to do! So we have a judicial system that ignores the intent of Section 1 of the Charter, misinterprets/mangles the meaning of the conditions of Section 1 “demonstrably justify” and “in a free and democratic society,” completely ignores the two principles that introduce the Charter, “supremacy of God and the rule of law” and now mangles the application of a public, government program so that it does not fall under the Charter, because even though the program is a government-operated program in every respect, the actual clinical decision of the program’s conditions is not a legislated g action.

It walks like a duck, quacks like a duck, has feathers like a duck, a beak like a duck and in every respect has identical features to a duck, but is not a duck. In Canada, law has supplanted justice. The Administrative State is complete.

“The more the state "plans" the more difficult planning becomes for the individual.” 

― Friedrich A. Hayek