PROPOSED RESOLUTION UCP AGM 2023
RESOLUTION
Alberta will amend the statutes referred to below in the manner set out below to ensure that unlawful orders such as all of the Orders issued by CMOH Hinshaw and Orders of the Trudeau Government on so-called “climate change” or “firearms ” never issue again without adequate safeguards in place to ensure that citizens of Alberta are never again economically devasted by a CMOH or the Prime Minister or Parliament of Canada arbitrarily exercising power as if they had complete unregulated and unlimited power over the entire Province of Alberta, all of its citizens, their property and civil rights contrary to S. 92(13) of The Constitution Act, 1867.
RATIONALE
During the Public Health Mis-Management Crisis of 2020-2021-2022 the CMOH of Alberta issued numerous Orders under the Public Health Act that were found by the Court of Kings Bench to be unlawful or “ultra vires” the Public Health Act.
These Orders devastated business, caused billions of dollars in economic losses, drove suicides, increased drug addiction, and caused needless societal upheaval, division, and discrimination in the Province of Alberta.
These alleged CMOH Orders were issued in a dictatorial manner without regard for the human rights and freedoms of Citizens of Alberta.
Prime Minister Trudeau and his Government have caused irrational legislation and regulations to be passed purporting to impact so called climate change, weather and firearms that unjustly infringe upon the exclusive jurisdiction of the Province of Alberta over “Property and Civil Rights in the Province”
PROPOSED AMENDMENTS TO THE ALBERTA RULES OF COURT
JUDICIAL NOTICE
Rule 1.4
1.4 The Court shall not take Judicial Notice as a means of determining any fact in dispute between the parties, nor shall The Court be bound by findings of fact or Judicial Notice taken of any matter in any other Court including the Court of Appeal of Alberta or the Supreme Court of Canada. All factual matters in any proceeding are to be determined de novo on fresh evidence tendered by the parties.
1.4 (1) Upon application of a Party to a proceeding where a matter involves factual determinations that will impact on the rights of a party under the Canadian Bill of Rights, the Alberta Bill of Rights or the Charter of Rights and Freedoms, The Court shall order that the hearing proceed as a Trial by Civil Jury.
PROPOSED AMENDMENT TO THE ALBERTA INTERPRETATION ACT
1. All statutes in Alberta including statutes of the Government of Canada must be interpreted in a manner consistent with the spirit and intention of both the Charter of Rights and Freedoms, The Canadian Bill of Rights the Alberta Bill of Rights. For greater clarity:
a. All property rights in Alberta under the Alberta Bill of Rights or the Canadian Bill of Rights are substantive and not procedural. Any statute or delegated statutory authority including the right to the economic proceeds of personal or corporate property may not be infringed absent proof beyond a reasonable doubt that the infringement serves an actual public benefit that can not be accomplished through less intrusive means and in every case require full compensation for economic losses, damages and compensation to be paid to the affected party;
b. The power of the Province of Alberta over Property and Civil Rights in Alberta under S. 92(13) of the Constitution Act 1867 is absolute and shall not be infringed by any statute of the Government of Canada including the Criminal Code of Canada except as set out below:
i. In the case of the Criminal Code of Canada firearms may only be the subject of prohibition or seizure in the case of a judicially ordered peace bond, mental health order or bail condition on evidence that the person in question is a threat to themselves or others;
ii. Upon conviction of a citizen for an offence under the Criminal Code of Canada involving violence, threats of violence, conspiracy to commit a violent act or any offence where the continued ownership of a firearm of the person may give rise to a concern that the person may use a firearm in the commission of an offence under the Criminal Code of Canada.
iii. All federal regulations purporting to regulate or license the possession or ownership of a firearm in Alberta shall be interpreted as being for no force and effect and shall not be enforced by any court of competent jurisdiction in the Province of Alberta.
2. Where a decision of an administrative decision maker exercising delegated legislated authority infringes on an asserted right of a citizen under the Charter of Rights and Freedoms the Canadian Bill of Rights or the Alberta Bill of Rights on a prima facie basis, upon application of a person for injunctive relief the Court shall require the decision maker to prove that the decision is the least intrusive means of fulfilling the government objective and that the decision was made to prevent the imminent destruction of the government or people of Alberta. Failing such evidence, the court shall always decide issues of irreparable harm and balance of convenience in favour of the person whose rights are alleged to have been infringed.
3. In no Judicial Review or Appeal of or from an administrative decision or tribunal where a right under the Charter of Right and Freedoms or the Alberta Bill of Rights or the Canadian Bill of Rights is engaged, the Court shall not accord any weight to the alleged expertise of the decision maker or tribunal. The Court shall make its determination upon the evidence tendered at the hearing in the Court of King’s Bench with the administrative decision maker or tribunal bearing the onus of proof on a balance of probabilities on the standard of correctness that the decision was correct.
4. Where a Judicial Review or Appeal from an administrative decision or tribunal decision where rights under the Charter of Rights and Freedoms, The Canadian Bill of Rights or The Alberta Bill of Rights are at issue and the Judicial Review or Appeal is based on or implicates a decision of the Federal or Provincial Cabinet the Court shall order that the Privy Council Office or the Deputy Minister of the Executive Council immediately provide all relevant documents or records with the exception of the names of Cabinet Members and the positions they took on any decision or any records that are classified as “Secret” or higher from the perspective of national security.
PROPOSED AMENDMENT TO THE PUBLIC HEALTH ACT
S. 29(1) Nothing in this section shall be interpreted in a manner as to permit the Chief Medical Officer of Health to close a business or interfere in the economic interests or freedoms of a citizen of Alberta absent proof beyond a reasonable doubt presented to a Judge of the Court of Justice on notice to the citizen that the actions of the Citizen or the business are a clear threat to the health and safety of others beyond a threat posed by any other person or business engaged in their normal business activities.
(2) No order under this section shall be applied to the entire province or to classes of citizens or businesses or their economic activities without the CMOH first securing the means or mechanism to fully compensate such citizens or businesses for any and all economic losses in advance of any such order being issued.
(3) Under no circumstance shall an Order under this section impact the religious practices or assembly of persons in the practice of their faith or religion or exercising their right to peacefully protest or assemble for that purpose.
S. 66.1
REPEALED