Class-action lawsuit blasts Alberta’s COVID lockdowns for harming small businesses

In a legal challenge against COVID-19 restrictions, small business owners are accusing the provincial government of unfairly targeting them while big-box stores remained open, seeking compensation for damages and arguing that the orders were not only illegal but enacted in bad faith.

At the height of COVID hysteria, governments imposed unprecedented restrictions on freedom, using the "flatten the curve" narrative to justify lockdowns. Businesses were forced to shutter, and small enterprises were hit the hardest, while big-box stores like Costco and Walmart stayed open.

Now, a class-action lawsuit launched by the law firm Rath & Company is challenging Alberta's COVID-19 public health orders, accusing the province of political manipulation and unfairly targeting small businesses.

Lawyers Jeffrey Rath and Eva Chipiuk argue that the restrictions which shuttered small businesses while imposing costly measures like plexiglass barriers and sanitation stations upon reopening, were both harmful and unjust. The lawsuit draws on the Ingram Decision, which ruled that the COVID-19 restriction orders issued by Alberta’s former medical officer of health Deena Hinshaw were illegal due to improper implementation.

Small business owners are seeking compensation for the damages they claim were caused by these public health orders, which they allege were enacted in bad faith under the leadership of former Premier Jason Kenney. Chipiuk noted that the case does not require proving intent but rather that the government knew its actions would inflict irreversible harm on small businesses.

Although the Alberta government has defended its actions, arguing that the measures were necessary to curb the spread of COVID-19, the lawsuit challenges that justification.

“We’re dealing with a lot of people within the bureaucracy that have a vested interest to continue the cover-up and continue to keep the citizens of Alberta from realizing how poorly served they were by the government of Alberta throughout the COVID pandemic,” explains Rath.

"A small segment of society was harmed,” said Chipiuk, before explaining how much public funding was funneled into the public sector.

"We were given information and evidence that the province spent 13 billion dollars over three years in COVID programs and support for the public sector. So why aren’t we talking about that? Where do we draw the line, that that was okay, but the private sector, let’s just forget about them? We don’t know how much the government gave the private sector through grants because the witness wasn’t able to reconcile that, and she’s the top accountant for the province. So it was somewhere between 650 million dollars to maybe 750 million. But it’s quite a discrepancy between the two."

The case echoes past legal precedents, such as the 1959 Roncarelli vs. Duplessis ruling, where the Supreme Court found that government officials cannot arbitrarily infringe on an individual's rights for personal or political reasons.

As the legal battle unfolds, business owners and legal experts continue to call for greater accountability from government officials for the economic fallout of the pandemic response.

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Tamara Ugolini

Senior Editor

Tamara Ugolini is an informed choice advocate turned journalist whose journey into motherhood sparked her passion for parental rights and the importance of true informed consent. She critically examines the shortcomings of "Big Policy" and its impact on individuals, while challenging mainstream narratives to empower others in their decision-making.

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  • Robin Naismith
    commented 2024-10-22 01:46:37 -0400
    I think everyone that Screwed canadians should pay the Ultimate price,which would be all the criminals to be dragged in front of the Nuremburg courts and they be tried for Crimes against humanity and they should all be found guilty and either be thrown in jail for life or they could possibly be Hanged or put in front of a firing squad