Public Health Act Review is taking place this morning. Cdn Civil Liberties Asso executive director spoke earlier. He is asking the committee to recommend all orders under the act be made available online, tweeted out, etc.
Michael Bryant also says he doesn't know if there was a necessity for health records to be made available to police to see if they were exposed to #COVID19 by a suspect. He says there is already a process for police to get a warrant for that info. 1/2
2/2 He asks whether there was an epidemic of people spitting on police officers and whether there was any data to support this "supposedly scientifically necessary public health order?"
How can the act be updated to ensure tests are met, govt has ability to respond to future pandemics? CCLA says legislators need to question when public health law limits a person's liberties. 1/2
Govts need to work with the laws they got, not the laws they want, CCLA's Bryant says, even if it takes a bit more time.
MLA @MarieFrRenaud tries to ask about AER suspending bulk of environmental monitoring requirements for industry. Points of order ruled, denied. Finally, she asks what is role of AG to protect Indigenous constitutional rights if Crown agency infringes on them in questionable way?
CCLA says AG has to certify if govt bills are constitutional and that other legislative offices like OIPC and CMOH have been consulted.
MLA Rosewell asks whether state of public health emergency should last as long as pandemic or should govt use limited powers for continued response? CCLA says it's not an emergency situation if it's the new normal, was supportive of AB saying not in emergency situation anymore
Speakers are now various MOHs from AHS. First question from MLA Turton, do you support mandatory vaccinations?
Dr. Laura McDougall says evidence suggests immunization is one of the best investments for protecting health of population. She says approach is to work with groups to inform, educate so they can make their own decisions. 1/2
2/2 She says policy around immunization is not AHS issue, adding that's a decision for AB Health.
@shoffmanAB asking who is ultimately responsible if worksite, healthcare facility, school is open or not? Doesn't seem like there is a clear cut answer with AHS saying there's executive officers (inspectors), medical officers of health, CMOH & that MOHs consult w/CMOH
I missed the q but AHS MOS Dr. Koliaska talks about how public health inspectors were asked to help out at airports as ppl came back to #AB, working 12 hr shifts 7days/wk to get airports ready for distancing, sanitation, etc.
@shoffmanAB asks who ultimately decides if school remains open or closed? AHS MOH Dr. McDougall says MOH would make decision but decisions rarely made in isolation. MOH Dr. McDonald says local MOH on the ground is able to take action if risk in particular setting
What if school authorities, superintendents disagree with MOH advice (concerns over continuity of education, for example)? MOH Dr. McDonald says conversations happen with stakeholders but MOH has authority if risk to public health.
Committee adjourned until 12:55 pm. Then @CMOH_Alberta is expected to present and answer qs from MLAs. I suspect this will be quite interesting. #ableg
And she's up! Hinshaw starts by talking about the importance of the CMOH role and public lab capabilities. She will get 30 minutes for a presentation then 60 minutes for qs from MLAs.
Hm interesting Hinshaw says the emergency powers section of the Public Health Act were brought in in 2002, and they came after 9/11 and anthrax attacks in the US. It became a real possibility we could experience something similar in AB, she says.
Hinshaw notes the CMOH isn't independent like the auditor general. She was appointed by the Minister of Health and serves at the pleasure of the minister.
She goes over the various authorities executive officers (like inspectors) and medical officers of health (MOH) have. MOH powers include preventing someone from working/going to school.
Hinshaw says one limitation of the Act is the pandemic response only covers influenza. She recommends influenza be removed, as it's a limiting power of the Act.
@shoffmanAB asks how Hinshaw revises advice based on input from officials? Hinshaw says her role is to advise and recommend and decision makers take CMOH advice as one consideration. She says she has always felt her advice has been met with respect and been considered
MLA Reid is asking about mandatory vaccination and whether Hinshaw supports it? Hinshaw says AB has never mandated any vaccine province-wide, doesn't see an example of where mandatory vaccination would be used.
Hoffman asks where those concerned should go if worried about HVAC systems in schools, class sizes? Hinshaw says her team is working with counterparts in AB Edu, says current info sharing is appropriate. (I take that to mean school boards, AB Edu.)
MLA Rowswell asks if there is a bioterrorist attack in AB, do you as CMOH have enough authority to respond? Hinshaw says current act provides sufficient flexibility. Also responds that conscription would likely not be used.
A few minutes now on a point of order. MLAs being reminded today is about reviewing the Public Health Act and not the govt's response to the pandemic. No doubt this is tricky.
Hinshaw now saying enforcement is not the first tool with public health, particularly, she says, as we learn the new normal and adjust. First step is always education and support, enforcement is only when all other attempts fail.
@shoffmanAB asks if parent checks off no on COVID symptom list but child was tired, could parent be sanctioned for sending kids to school? Hinshaw says general approach is to education; enforcement comes after repeated offences. 1/2
2/2 She says enforcement wouldn't happen if someone acted in good faith
@MirandaRosinAB asks Hinshaw where does the line with her advisory role to govt begin and end? Hinshaw says CMOH exists within structure of govt and says it isn't role of CMOH to independently set policy and carry it out. She says her role is advisor.
Point of order brought up after MLA Hoffman asks why local municipalities were made to decide on masks. She re-phrases q to ask where under the Act does it allow health decisions to be made by local authorities w/o expertise and should health decisions be made by health experts?
Hinshaw says the Public Health Act isn't the only piece of legislation that deals with health, use of authority is means of last resort.
I'm not too clear on the q but Hinshaw says Public Health Act trumps all other pieces of legislation except for AB Bill of Rights. Most significant powers of the Act are given to elected officials and cabinet, she says.
She says our high modelling projections were what ON experienced, severe projections were what QC saw. If you hit a certain acceleration point in infectious disease spread, a matter of days can make a difference. She says Act should have checks and balances.
@LorneDach asks if CMOH became an independent officer of the legislature, would that change the role in a way that is compatible w/current responsibilities? Hinshaw says she would have to spend some time thinking about that before responding.
Committee's time with Hinshaw has wrapped up. We will see her next at 3:30 for the daily update!
