A judge in Calgary made public the answers to Alberta’s chief medical officer, Dr. Dean Hinshaw, to three questions she answered in a private hearing about confidential cabinet discussions.
The case is a lawsuit filed by a group of Alberts who have launched a lawsuit to try to declare COVID-19 public health orders unconstitutional.
Judge Queen Barbara Romain issued a ruling in late April stating that “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.”
Lawyers for the Alberta government objected and presented a document from Sonia Savage, then Minister of Justice, stating that discussions between Hinshaw and the cabinet should be kept secret.
In the end, it was decided that Hinshaw would answer three questions in a private hearing so that the judge could decide whether to make the answers to these questions public and part of the evidence at the hearing.
The questions were:
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Has the Prime Minister and her cabinet ever instructed you, Dr. Hinshaw, to impose stricter restrictions on your CMOH orders than you recommended?
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Have you ever had the cabinet impose stricter restrictions on certain groups such as churches, gyms, schools and small businesses than you recommended?
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Have you ever recommended to the Cabinet that the restrictions be removed or relaxed at all times, and this recommendation has been rejected or ignored by the Cabinet?
On Friday, Romain confirmed that Hinshaw’s answer to all three questions was “No.”
Provincial lawyers have previously said they would consider appealing Romain’s decision if she decides the answers will be revealed.
However, in an email to CBC News on Friday, lawyer Nicolas Trofimuk confirmed that “respondents (the government) have decided not to appeal Judge Romain’s decision on immunity in the public interest.”
The plaintiffs and defendants are already moving to written arguments, and a decision on the case is not expected for several months.
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