Hinshaw is not protected by cabinet privacy, the judge ruled

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“The public interest in disclosing Dr. Hinshaw’s answers to questions posed by the court outweighs the public interest in maintaining the confidentiality of evidence,” Judge Barbara Romain said in the ruling.

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April 26, 2022 • 5 hours ago • 3 minutes reading • 9 comments Alberta’s Chief Health Officer Dr. Dean Hinshaw gives an update on COVID-19 cases on Tuesday, February 2, 2021 Photo: Chris Schwartz / Government of Alberta

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Alberta’s chief medical officer cannot ask for cabinet privacy to prevent some of her closed-door recommendations regarding COVID-19 restrictions from being revealed, a judge ruled.

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The decision comes amid a lawsuit whose plaintiffs allege that Alberta’s public health orders for a pandemic observed by Dr. Dean Hinshaw violate constitutional rights.

In a ruling Tuesday, answers to three questions posed by Queen’s Judge Barbara Romain about Hinshaw’s discussions with government leaders must be made public, contrary to the defense’s argument that they are protected by cabinet immunity.

“In the context of this particular piece of evidence and this particular case, the public interest in disclosing Dr. Hinshaw’s answers to the court’s questions outweighs the public interest in maintaining the confidentiality of the evidence,” Romain said in a seven-page written decision. .

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“I find that, whether or not the evidence falls within the scope of immunity in the public interest, it is admissible as relevant and necessary to resolve this case fairly and to assist the Court in determining the facts on which the case will depend. . ”

Romain had asked Hinshaw if Prime Minister Jason Kenny or cabinet members had ever ordered her to impose stricter restrictions than she had recommended, or to impose tougher measures on certain groups such as churches, gyms or small businesses against her advice.

She had also asked Hinshaw if she had ever recommended that the restrictions be relaxed and if that advice had been rejected or ignored by the cabinet.

1. Hinshaw testified that some personal freedoms had to be restricted to protect all Alberts from the threat of COVID-19

2. Public health measures were unprecedented – but so was the pandemic, Hinshaw said at the hearing, challenging her orders.

Government attorneys objected to these questions, arguing that recording their answers in the court record would harm the public interest, with a chilling effect on what would be discussed at future cabinet meetings.

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“The precedent of being forced to disclose confidential cabinet discussions in this context could impede the free flow of future cabinet discussions, thus negatively affecting the democratic governance of Alberta,” Romain said in a statement. , citing an argument put forward by then-acting Justice Minister Sonia Savage.

She also noted that plaintiffs, including Heights Baptist Church and Northside Baptist Church and business owners, argued that withholding Hinshaw’s responses was an attempt “to use this form of privilege to protect the Alberta government from allegations.” for political interference in decisions taken under the Public Health Act. “

While Romain concluded that there are cases where cabinet confidentiality is a valid tool, this is not the case, given the limited impact that disclosure would have on the management and importance of the case.

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“The questions posed to Dr. Hinshaw and the answers she gave do not reveal disagreements between ministers or the views of individual ministers,” Romain wrote.

“They do not reveal the specifics of her recommendations. The content of its replies therefore weighs in favor of disclosure. “

Provincial government lawyers have said they will appeal the decision to disclose the answers.

It is not known when these answers will be revealed in court.

Hinshaw has repeatedly cited cabinet confidentiality, refusing to answer reporters’ questions about what public health measures she recommended to the cabinet during the pandemic that began in March 2020.

She argued in court that her public health orders were a “last resort” needed to protect people from the coronavirus and maintain the viability of the health system.

Hinshaw also denied the plaintiffs’ allegations that measures such as camouflage and restrictions on public gatherings had no effect on health.

BKaufmann@postmedia.com

Twitter: @BillKaufmannjrn

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