ICYMI - Class Action lawsuit brought against the Provincial Government of Alberta on 31 July 2023 (No news is good news?)
The suit was filed in July 2023:
“Reasons for Judgement of the Honourable Justice B.E. Romaine - Citation: Ingram v Alberta (Chief Medical Officer of Health), 2023 ABKB 453 Date: 20230731 Docket: 2001 14300 Registry: Calgary
Between: Rebecca Marie Ingram, Heights Baptist Church, Northside Baptist Church, Erin Blacklaws and Torry Tanner - Applicants
- and -
Her Majesty the Queen in Right of the Province of Alberta and The Chief Medical Officer of Health - Respondent”
The excellent Jefferey Jaxxen on the latest Highwire report at the 26 minute 40 second mark in Episode “EPISODE 360: THE CLOT THICKENS” The HighWire | Watch referenced this class action lawsuit filed by Darth and Company – website here Rath And Company | Rath&Company
Here is a link to the suit:
Class Action Documents | Rath&Company (rathandcompany.com)
And here’s a few extracts that may help others considering similar action – a template if you will. Perhaps the case could be followed first to see where it wins and loses on any issues.
“Overview of statement of facts.
NOTICE TO DEFENDANTS
You are being sued. You are a defendant.
Go to the end of this document to see what you can do and when you must do it.
Note: State below only facts and not evidence (Rule 13.6)
Statement of facts relied on:
Overview
1. Since March 16, 2020, Dr. Deena Hinshaw (“Dr. Hinshaw”), as Alberta’s Chief Medical Officer of Health (“CMOH”) pronounced approximately 113 public health orders, known as Chief Medical Officer of Health Orders (“CMOH Orders”) purportedly pursuant to Section 29(2.1) of the Public Health Act, RSA 2000, c P-37 (the “PHA”).:
2. On July 31, 2023, the Alberta Court of King’s Bench determined that the CMOH Orders listed in Appendix “B” were ultra vires the PHA.
3. Measures imposed by these unlawful CMOH Orders forced many businesses deemed “non-essential” by Dr. Hinshaw across the Province of Alberta to shut down, or severely restrict their operations, resulting in significant losses to the businesses, and their owners and shareholders. These businesses included, but are not limited to, public and private recreation and fitness facilities and associated services, physiotherapists, private entertainment facilities, bars and night clubs, dine-in restaurants, and retail services.
4. As a result of the illegal CMOH Orders, some businesses were completely prohibited from having anyone access their premises in order to conduct business. Others were restricted in the use they could make of their business property for regular operations. The CMOH Orders that prohibited, partially or fully, access to business premises and the use of business property thereon thereby causing significant losses to the businesses affected, are listed in Appendix “A”.
5. The CMOH Orders listed in Appendix “A” were negligently issued and unreasonable because they were made without lawful authority. They were made as a result of an unreasonable and unlawful interpretation of the PHA and violate Section 1 of the Alberta Bill of Rights, RSA 2000, c A-14 which provides that individuals in Alberta have the right to enjoyment of property and the right not to be deprived thereof except by due process of law.
6. This is a proposed class action on behalf of all individuals who owned and/or operated businesses in the Province of Alberta, and whose business operations were fully or partially restricted as a result of the measures contained in the CMOH Orders, and who suffered losses as a result.
The nest section of the suit mentions the key issue that permeates all actions taken by every regulatory authority from the United Nations and its organs like the WHO, the IPCC and the IOM all the way down to the individual medic ( it also applies to the Cult of Moloch organisations like the WEF – though not in the legal sense).
Ultra Vires - acting or done beyond one's legal power or authority:
“I. Introduction
[1] This application involves challenges to certain orders enacted by the Chief Medical Officer of Health for Alberta (CMOH), Dr. Deena Hinshaw, with respect to the Covid-19 pandemic (the “impugned Orders”), both on a constitutional basis and on the basis that the orders were ultra vires the Public Health Act RSA 2000, c. P-37.”
The chances of this suit being successful hinge on what authority the Province has to define an emergency and then the degree to which it can enact powers to deal with an emergency.
Key to this is whether a body such as the WHO can define the terms which the Province must obey. Alberta did not sign and International Health Regulations, but the Government of Cananda did. So are the agreements of the Canadian Government binding on the Province or does the Province have overriding jurisdiction over what constitutes an emergency I that Province.
The WHO declared a Public Health Emergency – but who is responsible for public health?
Factor in that the WHO did not dictate either pharmaceutical or non-pharmaceutical interventions the Province thought it could apply and enforce. The WHO made recommendations and “approvals” for various treatments – including the C19 mRNA and viral vector spike venom injections. We know that all these approvals and recommendations discarded decades of evolved “best practice” methods and procedures and killed tens of millions of people and harmed billions of others.
So, “bonne chance” to the plaintiffs in Alberta and maybe there are some useful parts of the suit that can be tailored and used around the world.
Be good to have an update!
Onwards!
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Yes, bonNE chance to the plaintiffs! This is relevant to Australia in particular. Thanks for keeping us informed!