Alberta COVID Case Ruling a ‘Thin Victory’ for Those Challenging Restrictions: Lawyers

Alberta COVID Case Ruling a ‘Thin Victory’ for Those Challenging Restrictions: Lawyers
A pedestrian walks beneath Christmas decorations in an empty downtown Calgary on Dec. 9, 2020, after new provincial restrictions were announced amid the COVID-19 pandemic. Jeff McIntosh/The Canadian Press
Marnie Cathcart
Updated:

An Alberta court has ruled that public health orders issued by the province’s Chief Medical Officer of Health (CMOH) during the pandemic were invalid because they were enacted outside the powers of the Public Health Act, and were made by cabinet, not the top medical officer.

Constitutional lawyer James Kitchen says the July 31 ruling is a win for those challenging the government’s COVID restrictions, but only on a “technicality,” which he characterizes as a “thin victory” for them.