UNETHICAL UCP
Shandro appointment during investigation puts law society in a no-win situation: experts

A group of Alberta law professors say Tyler Shandro should have refused his appointment as justice minister while he is under investigation by the Law Society of Alberta, and Premier Jason Kenney’s cabinet shuffle puts the society in a difficult situation.

© Provided by Edmonton Journal Alberta Health Minister Tyler Shandro answers media questions about the Province's COVID-19 response outside the University of Alberta Hospital, in Edmonton Thursday July 29, 2021. Sandro was taking part in a press conference where the Province announced $1 million to explore a possible stand-alone Stollery Children's Hospital. Photo by David Bloom

Lisa Johnson 

Edmonton Journal 

Writing in the University of Calgary’s Faculty of Law blog this week, legal experts Shaun Fluker, Nigel Bankes and Martin Olszynski said a report prepared by retired Justice Adèle Kent into former justice minister Kaycee Madu leaves important questions unanswered, and the decision to replace Madu with Shandro demonstrates disrespect for the law society’s processes.

The report, released publicly on Friday, came after the law society determined allegations about Shandro’s behaviour while he was health minister warranted a disciplinary hearing, which is yet to be scheduled . Three complaints allege Shandro broke the society’s code of conduct, including that he used his former position as health minister to obtain personal cell phone numbers of health-care workers.

“Premier Kenney should not have put the law society, a statutory body, in this invidious position and, in the circumstances, Minister Shandro should have declined the appointment,” the professors wrote.

In an interview with Postmedia Tuesday, Fluker said sanctions could taint the relationship between the minister and the body in charge of regulating the legal profession in the province, but a decision not to sanction Shandro based on the evidence it hears could create the perception “that the whole process was influenced by the nature of the office.”

“The Law Society is really placed in, one might say, a no-win situation,” said Fluker. The society is an independent body, but does report to the minister, who appoints some public members to its governing board.

Fluker said it would have been reasonable for Sonya Savage, who is Alberta’s energy minister, to continue to serve as interim justice minister while the hearing plays out.

“There’s a lot riding on the perception of the public on the integrity of the law society and the legal profession. It’s hard to overstate what that amounts to,” said Fluker.

Kenney, speaking at an unrelated announcement Wednesday, dismissed the complaints against Shandro as politicized, saying the law society is an independent, self-governing regulatory body whose complaint process is not directed by government.

After a complaint is reviewed by the law society it can be dismissed or referred to a committee or public hearing.

Kenney said the society looks at all complaints, whether they are frivolous or not, pointing to a complaint filed against former NDP justice minister Kathleen Ganley which, unlike the complaints levelled against Shandro, did not warrant a hearing.

“I have every confidence in Minister Shandro, who I think objectively is one of the best qualified ministers of justice in Alberta history,” said Kenney.

NDP justice critic Irfan Sabir said in a Wednesday statement to Postmedia no cabinet ministers were involved in similar hearings during the NDP’s tenure. Sabir added Madu’s attempt to interfere in the administration of justice is a firing offence for any cabinet minister, and neither Madu nor Shandro have been held accountable for their behaviour by the UCP government.

“Public confidence in the rule of law has been damaged even further by the UCP rewarding Madu’s egregious behaviour with another seat in Alberta’s cabinet,” said Sabir.

The Kent report concludes that Madu tried to interfere in the administration of justice with a call to Edmonton’s police chief after receiving a distracted driving ticket in March last year, but he was unsuccessful, and his call created a reasonable perception of an interference with the administration of justice.

The blog post notes that Kenney, when announcing Madu would become minister of labour and immigration, failed to disclose Kent’s most “stinging rebuke,” namely that Madu attempted to interfere in the administration of justice.

“A person reading the premier’s statement could be forgiven for thinking that Ms. Kent had only delivered a mild rebuke to Minister Madu. Nothing could be further from the truth,” it said.

The law professors wrote they found it “extremely concerning” no one in leadership positions initiated an investigation into Madu until reports of the phone call were published by the CBC, and questioned whether Madu should be subject to disciplinary action under the law society’s code of conduct.

“If it’s considered to be behaviour that is inappropriate, and may bring the reputation of the profession into disrepute, then it seems to me that that’s clearly potential grounds for conduct investigation,” said Fluker.

lijohnson@postmedia.com
twitter.com/reportrix

Alberta in showdown with human rights chief in Islamophobia controversy


EDMONTON — A day after Justice Minister Tyler Shandro publicly directed the head of Alberta's human rights commission to quit, the commissioner’s office lobbed the issue back at him, saying it’s Shandro who does the hiring and firing.

“The commission does not have any information to share regarding the status of Collin May’s resignation,” the Alberta Human Rights Commission said Tuesday in an emailed statement.

“The minister of justice and solicitor general is responsible for managing who is appointed as chief of the commission and tribunals.

“Please get in touch with (his office).”

Shandro’s office declined to comment.

It’s the latest turn in an issue that beset Collin May even before he was officially appointed chief of the commission in July.

At that time, critics pointed to a book review he wrote in 2009 and said the article raised concerns that May was Islamophobic and therefore unfit to serve as head of the commission dedicated to ensuring Albertans don’t face discrimination.

May responded in a statement, categorically rejecting the Islamophobic allegations and promising to “commit to continuing my personal education about Islam and all faiths."

“I will be meeting with leaders in Alberta’s Muslim community to learn more about their lived experiences in Alberta and to work towards overcoming discrimination against the Islamic community,” he added.

Matters came to a head Monday when the National Council of Canadian Muslims published an open letter accusing May of failing to meet despite repeated attempts to reach out to him.

The council said May’s intransigence cast doubt on his commitment to learn and reflect, and its letter was signed by 28 community Muslim groups.

Hours later, Shandro’s office issued a statement reiterating that May had promised more than two months ago to meet with the Muslim community.

Related video: Alberta teachers included in new provincial registry fear discrimination, harassment
Duration 1:01
View on Watch

“Minister Shandro requested an explanation from Mr. May,” wrote Shandro’s office. “After reviewing the explanation, Minister Shandro has asked for Mr. May’s resignation.”

The statement did not elaborate on the conversation or on what specifically triggered the call to quit.

Said Omar, spokesman for the Muslims council, said he was pleased Shandro called for the resignation.

He said May has not reached out to the group since it sent the letter, and it may be too late for him to mend fences anyway.

“We are always open to meeting with individuals and to try to reconciliate, but I think at this point the community has spoken,” said Omar in an interview.

May, a Calgary-based lawyer, was appointed to the commission in 2019. In years past, he has contributed articles to C2C Journal, an online and print publication focusing on political, cultural and economic issues.

In June 2009, he reviewed Efraim Karsh’s book “Islamic Imperialism: A History,” which examines the forces and cultural attitudes that have shaped the religion.

In one line in the review, May notes that the book states “Islam is not a peaceful religion misused by radicals. Rather, it is one of the most militaristic religions known to man, and it is precisely this militaristic heritage that informs the actions of radicals throughout the Muslim world.”

The Muslims council has focused on that paragraph in its criticism, characterizing it as a "shocking" and stigmatizing stereotype.

Opposition NDP Justice critic Irfan Sabir echoed the call for May’s dismissal, stating Monday: “Muslims in Canada are targeted for harassment, assault and murder purely because of their faith."

However, May and the editors of his article disagree.

May in his July statement said, “I wish to state clearly that I do not believe or accept the characterization of Islam as a militant religion or movement.”

C2C Journal editors George Koch and Peter Shawn Taylor, in a rebuttal published on its site in July, said May made it clear that it was the book author’s viewpoint — not his own — in the controversial paragraph.

“Whether a reviewer agrees or disagrees with an author’s position, he or she has a duty to convey the book’s thesis in good faith,” wrote the editors.

“The critics and complainers simply defaulted to the worst possible interpretation as a matter of course,” they added.

“This sort of behaviour has become outrageously common and is doing great damage to public discourse in Canada.”

This report by The Canadian Press was first published Sept. 13, 2022.

Dean Bennett, The Canadian Press


Alberta justice minister asks head of Human Rights Commission to resign after calls from Muslim community

Lisa Johnson - Yesterday

Justice Minister Tyler Shandro has asked for the chief of the Alberta Human Rights Commission to resign after over two dozen Muslim organizations and mosques signed a public letter calling for action.


Justice Minister Tyler Shandro.© Provided by Edmonton Journal

Calgary lawyer Collin May began his five-year term as chief of the Commission and Tribunals on July 14, but had already come under fire from critics who said a book review May penned in 2009 was Islamophobic.

On Monday, the National Council of Canadian Muslims (NCCM) published a letter calling on Shandro to take action, alleging that May had shirked offers to meet with community leaders and issued letters threatening to sue unnamed critics.

Joseph Dow, Shandro’s press secretary, said in a statement once Shandro got the NCCM’s letter, he demanded an explanation from May.

“After reviewing the explanation, Minister Shandro has asked for Mr. May’s resignation,” Dow wrote.

The dismissal came after a series of tweets Monday from the NCCM, who also called the book review “ deeply problematic,” and as Muslims in Alberta have faced a rash of physical and verbal attacks recently, including at least nine attacks reported to Edmonton police over the course of six months in 2021.

Monday’s letter, signed by 28 community organizations and mosques across the province, noted that when the book review first came to light, May committed to engaging with the province’s Muslim community.

“May did not prioritize scheduling those meetings, but far more importantly, decided to threaten to sue his critics. This behaviour cannot be countenanced from the chair of the Alberta Human Rights Commission,” it said.

Said Omar, Alberta advocacy officer for the NCCM, told Postmedia the book May reviewed contains views that are stereotypical and Islamophobic.

“We've received many calls from Muslim community members who are honestly just shocked and appalled that Mr. May would review this book favourably,” he said, adding it’s another example of why minority communities lose trust in institutions.

“Many community members were at a loss for words — they do not understand how they would be able to trust this institution if they need to,” he said.

First flagged by left-wing media organization the Progress Report, May’s review of historian Efraim Karsh’s book Islamic Imperialism: A History, underscores Karsh’s argument that Islam is inherently combative.

“(Karsh) defies the multicultural illusion regarding pacific Islam and goes to the heart of the matter. Islam is not a peaceful religion misused by radicals. Rather, it is one of the most militaristic religions known to man, and it is precisely this militaristic heritage that informs the actions of radicals throughout the Muslim world,” May wrote in the review.

Related
Edmonton's Muslim community testifies to Senate human rights committee on Islamophobia

Edmonton moving forward on anti-racism strategy including a new independent body to make recommendations to council

May did not immediately provide a statement to Postmedia Monday, but in a July statement, May said his review agreed with some of the book’s assertions, but rejected others.

“I wish to state clearly that I do not believe or accept the characterization of Islam as a militant religion or movement, especially in light of important recent and diverse scholarship that is working to overcome misconceptions regarding Muslim history and philosophy. I specifically want to affirm that Muslim Albertans are entitled to the full and equal respect accorded all our communities,” he wrote.

Earlier Monday, NDP justice critic Irfan Sabir said in a statement the views expressed by May in the book review “perpetuate hatred,” calling on Shandro to remove May from the Human Rights Commission.

UCP leadership hopeful Rajan Sawhney had previously called for an investigation into May’s appointment , but in a Monday tweet quoting the letter sided with the NCCM.

“Important read. And I agree,” she wrote.

Fellow leadership candidate Leela Aheer also weighed in by retweeting the NCCM’s letter, saying “it is imperative that all communities feel safe and supported by their government institutions.

 

TWEEDLE DEE & TWEEDLE DUM CHANGE PLACES

Shandro shuffled out as Alberta's health minister, takes on labour portfolio in swap with Copping

Former health minister faced heavy criticism throughout the pandemic

Author of the article:Ashley Joannou
Publishing date:Sep 21, 2021 • 3 hours ago • 2 minute read • 29 Comments

Tyler Shandro was shuffled off the health portfolio Tuesday afternoon. 

PHOTO BY AZIN GHAFFARI /Postmedia, file



Tyler Shandro is no longer Alberta’s health minister after more than a year of heavy criticism over his handling of the portfolio.

Shandro was shuffled out at a short ceremony Tuesday afternoon, swapping roles with former labour and immigration minister Jason Copping who now takes over the health ministry.

Media was not invited to the ceremony, which was broadcast online. Premier Jason Kenney did not give a statement explaining his decision to swap the portfolios.

Amid the turmoil of the COVID-19 pandemic, and a protracted dispute between the government and doctors, the NDP Opposition had repeatedly called for Shandro’s resignation as health minister.

In March, 2020, after Shandro took fire for confronting a Calgary doctor in his driveway, Kenney rejected calls for his removal, saying it was understandable Shandro became “passionate” in defending his spouse.

After doctors voted down a contract offer from the province in April 2021, Kenney again rejected calls to fire Shandro, saying he had his “full, 100 per cent confidence.”

In a written statement Tuesday, NDP Leader Rachel Notley called news of Shandro’s shuffle “welcome” but said it is not a solution to the crisis going on in Alberta hospitals.

“It is clear that the responsibility for Alberta’s pandemic mismanagement rests on the shoulders of every UCP member and therefore it is incumbent on them all to take responsibility and chart a more effective path on behalf of Albertans,” Notley said.

“A cabinet shuffle will not ease the immense pressure on our hospitals from this severe fourth wave. It won’t reschedule the life-saving surgeries of thousands of Albertans. It won’t recover our economy. And it won’t help everyday families looking for leadership. Albertans deserve better.”

Tuesday’s move comes as the province is dealing with a fourth wave of the COVID-19 pandemic. Alberta currently has the highest rate of new COVID-19 cases in the country. The latest wave has put heavy pressure on the health-care system, particularly in intensive care units, leading to the cancellation of all surgeries that are considered non-essential.

Officials with Alberta Health Services announced last week that they were reaching out to other Canadian provinces asking for ICU spaces and skilled labour.

With files from Lisa Johnson

Alberta's new health minister brings questions and concerns from opponents to portfolio

Duane Bratt, a political scientist at MRU, said there are many questions around how Copping, a relatively unknown member of the legislature, ended up in the position and what he will do now that he has the role

Author of the article:Dylan Short
Publishing date:Sep 21, 2021

Minsiter of Health Jason Copping seen during his time as Minister of Labour and Immigration 

PHOTO BY LARRY WONG/POSTMEDIA


The appointment of a Calgary MLA into the role of health minister has left question marks, doubt and worry amid political commentators and opponents.

Jason Copping, MLA for Calgary Varsity and former minister of Labour and Immigration, took the reins as health minister Tuesday afternoon. Tyler Shandro has taken over Copping’s former portfolio.

Duane Bratt, a political scientist at Mount Royal University, wished Copping good luck as he steps into his new role, a position that has been under increasing scrutiny. Alberta is currently grappling with the highest COVID-19 case numbers in Canada and a health-care system that is struggling to maintain capacity.

Bratt said there are many questions around how Copping, a relatively unknown member of the legislature, ended up in the position and what he will do now that he has the role.

“How did he end up (there), was he the last guy in the room?” said Bratt. “I don’t know how he ended up in that job.”

Before entering provincial politics, Copping spent two decades working in management in the labour relations and human resources fields. His official UCP bio states he has previously worked on collective bargaining agreements and represented management in arbitration cases.

Copping was first elected into the legislature in 2019 and named to Premier Jason Kenney’s cabinet later that year. He has spent the past two years as the minister of Labour and Immigration, sponsoring five bills. Those bills mostly amended legislation around business and workplaces.

One of his recent bills, Bill 47: Ensuring Safety and Cutting Red Tape, 2020, changed a number of legal protections and compensation measures introduced by the previous NDP government. Those changes included the removal of presumptive psychological coverage for many health-care workers, including nurses and doctors.

Those workers can still receive compensation for issues such as post-traumatic stress disorder, but the Workers Compensation Board (WCB) won’t automatically assume those injuries come from the workplace.

Official Opposition Leader Rachel Notley reacted to Tuesday’s cabinet shuffle in a series of tweets, saying Copping has a legacy of revoking WCB protections and failing to protect workers at Alberta meat plants during COVID-19 outbreaks in the workplace.

The Alberta Union of Provincial Employees (AUPE) issued a similar statement, saying Copping has “blemishes” on his record, pointing to changes in workers legislation.

Bratt said the new role would be difficult for anyone to take on as relations have been frayed through past and present labour negotiations with health-care workers.

The province is currently negotiating a new bargaining agreement with the United Nurses of Alberta.

“What is his standing? What are the policy changes? Those are all very good questions and there is, I mean, there is no trust that the health-care workers have with the government over labour negotiations,” said Bratt.

Copping said Tuesday afternoon that he is honoured to be asked to serve as health minister. He said he has three pillars he plans to work on: increasing health-care capacity permanently, getting vaccine-hesitant Albertans to receive their shots and prepping the health-care system to adequately respond to potential future waves of COVID-19.

“We obviously have immediate and significant pressures on our health-care system right now and I step into this role resolutely committed to building immediate capacity,” said Copping.

Final arguments in Law Society case against Alberta's former justice minister

Story by The Canadian Press •

CALGARY — The lawyer for a former Alberta cabinet minister who is alleged to have broken the legal profession's code of conduct says complaints against his client were politically motivated, while counsel for the Law Society of Alberta says he was trying to quell legitimate public debate.

The allegations against Tyler Shandro, dating back to his time as provincial health minister early in the COVID-19 pandemic, involve an interaction with a longtime friend and party colleague about a social media post and two family doctors in central Alberta the former minister contacted about their concerns.

"These are all efforts to make an attack on Shandro's political activities and that should be a factor this panel considers in dismissing each of these complaints as not having the appropriate nexus as to the practice of law," said Grant Stapon, in his final argument to the Law Society of Alberta panel.

"I want you to consider the difference between prosecution and persecution in a case like this."

The lengthy hearings into the three complaints began in January. Shandro, who was later moved to the justice portfolio, was defeated in the May provincial election.

Dr. Mukarram Zaidi, who had posted a photo on social media of Shandro with a caption related to privatizing health care, earlier told the hearing the minister and his wife visited his home in March 2020. He said it occurred during fractious negotiations between the government and the Alberta Medical Association over fees.

The photo of Shandro, with a thought bubble caption, said: "So every Albertan that I can kick off health care is another client we can sign up for Vital Partners. We're going to be RICH." Shandro's wife, Andrea, is the co-founder of Vital Partners, a health insurance agency.

Zaidi said he agreed to take the post down.

In the other cases, two physicians from Red Deer confronted Shandro at an event and one demanded to know why he didn't speak to doctors who work in the hospital.

Shandro found their phone numbers and called both doctors. They talked to him, but said they were upset he had obtained their phone numbers and felt intimidated.

Stapon said Shandro was acting as a private citizen in his dealings with Zaidi. In his conversations with the other physicians, he was not acting as a lawyer, Stapon said.

Stapon said this wasn't a case involving misappropriation of funds, breach of trust or fraud.

"None of it involved the practice of law … I'm going to submit he's even innocent of this — it's the equivalent of jaywalking."

But Law Society counsel Ken McEwan wants sanctions against Shandro. He said in a credibility assessment, it's the evidence of the witnesses that should be preferred.

"There is a pattern of the respondent … attempting to quell legitimate public debate or criticism by improper communications, having the effect and design to intimidate a series of individuals," McEwan said.

"Each involved the respondent engaging in impulsive behaviour, each involves the respondent using inappropriate means and methods of communication, each involves the respondent being unable to accept political criticism."

A decision on potential sanctions is to be made at a later date.

This report by The Canadian Press was first published Sept. 5, 2023.

Bill Graveland, The Canadian Press

UCP, SHANDRO, KENNEY TO BLAME

An Edmonton woman in her 50s is the second health-care worker to die from COVID-19 in Alberta.

WHERE ARE THE VACCINATIONS FOR FRONT LINE WORKERS

© Provided by Edmonton Journal Alberta's chief medical officer of health Dr.Deena Hinshaw provided, from Edmonton on Wednesday, December 16, 2020, an update on COVID-19 and the ongoing work to protect public health. Government of Alberta

Health Minster Tyler Shandro announced the death Tuesday, saying his thoughts go out to the family of the woman. This is the second death Shandro has reported among health-care workers in the past 48 hours. Joe Corral, a health-care aide in Calgary, was the first known death.

“I just want to say to these two families, I want them to know that we thank these two people for their service to the province and we join you in honouring their memory,” said Shandro. “The pandemic has brought too many stories of tragedy to too many families. But it’s also brought examples of the hard work and commitment of the people in the health-care system.”

Michael Parker, president of the Health Sciences Associations of Alberta, said the woman was not a member of his union but that her death shows all front-line health-care workers need to be immunized.


“This is why we have been so desperately asking for all of our front-line members to be vaccinated immediately, including our paramedics,” said Parker. “No more blaming, get the damn vaccine out and available to our front-line people immediately.”

Twenty-six deaths were reported in Alberta on Tuesday, bringing the total of fatalities counted in the past 48 hours to 122. Monday’s update presented online included data from Dec. 30 to Jan. 3.

A total of 1,168 Albertans have died as a result of COVID-19 since the beginning of the pandemic.

Alberta’s chief medical officer of health Dr. Deena Hinshaw announced 843 new cases on Tuesday after 10,301 tests were completed. There are 13,411 active infections across Alberta, including 5,794 in the Edmonton Zone.

The number of completed tests dropped over the holidays, leading Shandro to say there is some “uncertainty” around recent case numbers. He said the provincial emergency management committee will be meeting either this week or next week to review the latest data.

“The reliability of some of the holiday testing has to be looked at, in a particular way, because not as many people wanted to get tested during the holidays,” said Shandro.

Prior to the holidays, 15,000 to 20,000 tests were completed daily. By comparison, 12,719 tests were completed on Jan. 1, 8,112 on Jan. 2 and 11,963 on Jan. 3.

Current restrictions on businesses will be in place until at least Jan. 12. Shandro said the management committee will be reviewing the restrictions before then but said they will be in place until the government decides they are no longer necessary.

Hinshaw said there has been a stabilization of new cases in the province but once again warned that lower testing numbers over the holidays may have contributed to decreasing numbers.

“Overall, new case numbers, hospitalizations, and ICU admissions for COVID-19 are still very high in our province,” said Hinshaw. “While we work to offer vaccine to those at highest risk, we must continue to act as the vaccine for each other right now. Please keep following the public health measures in place and limit your in-person interactions whenever possible.”

There are 919 Albertans in hospital with COVID-19, including 140 in intensive care units.

Shandro warned cases could climb in the coming days. The province saw a steep increase after Thanksgiving and health officials have warned daily case counts could break into the 2,000s if large portions of the public attended social gatherings.

“There’s a real risk of an increase due to the holidays,” said Shandro. “But we turned the corner on cases before Christmas and lower case numbers and lower case numbers have also changed the curve of cases coming into hospitals. They’re still far too high, but they’re flattening and if we stick at it, they’ll come down.”

dshort@postmedia.com

Alberta doctors say trust must be rebuilt after proposed new labour deal rejected

EDMONTON — The head of the Alberta Medical Association says many factors led to the recent collapse of a proposed master agreement with the province, but he says a key one was lack of trust.

© Provided by The Canadian Press

Dr. Paul Boucher says before he and Health Minister Tyler Shandro can even begin negotiating the nuts and bolts of a new deal, that trust must be regained.

“I’m not going to bring back another agreement (for ratification) unless I have pretty good confidence that it’s going to pass,” Boucher said in an interview.

“Another failed ratification would be a disaster for everyone as far as I’m concerned.”

Boucher said he and Shandro are meeting again, almost two weeks after the rank-and-file physicians of the 11,000-member AMA refused to ratify the new tentative deal brokered by both sides, voting 53 per cent against it.

Boucher said normally such deals pass with a strong majority. But during the voting process, he said he heard from about 3,000 physicians and many told him their core concern was that the pact left them too exposed to a government they didn’t trust.

“Any agreement really requires both parties to work well together within it,” said Boucher.

“I think a lot of members just weren’t sure that this was going to be the case. And there wasn’t enough clarity or safeguards to ensure that their voices were going to be heard and that they would be treated fairly within it.

“That’s a result of the challenges we’ve had (with the province) over the year.”

Those challenges began in early 2020, when Shandro unilaterally tore up the master agreement with the AMA, using a law passed months prior by the United Conservative government.

That cancellation launched a year of bitter attacks from both sides. Shandro imposed fee changes that led to some doctors withdrawing services, particularly in rural locations, saying the changes were financially unsustainable.

Shandro’s officials dismissed the AMA as a lobby group and Shandro accused the organization of spreading misinformation to its members. The AMA, in turn, sued the government, accusing it of violating Charter rights on collective bargaining by, among other things, cancelling binding arbitration.

All this was going on as COVID-19 swept through the province, filling up hospital wards.

Boucher said doctors were ready to sign a deal for less money, although they still had concerns and questions over remuneration. The four-year deal would have seen compensation stay static at more than $5 billion a year.

But he said a key concern was that binding arbitration had been replaced by mediation, albeit with the mediation decision made public. In addition, the AMA lawsuit would be cancelled.

The AMA considers binding arbitration critical, given it can’t hit the picket line for ethical reasons to otherwise gain leverage on intractable labour disagreements.

“(Arbitration) guarantees you a process. It does not guarantee you a result on either end, but I think a lot of docs just wanted that sense of fairness,” said Boucher.

“And I would have loved to have given it to them. We just couldn’t get that this go round.”

He said Shandro and the government have pivoted from the former approach and have been working collaboratively with the AMA, particularly on the recent COVID-19 vaccine rollout.

Shandro has cancelled many of the fee changes he imposed and promised contentious ones won’t ever return.

After the vote failed on March 30, Shandro stated, “Our government will seek to further renew our relationship with the AMA in the weeks and months to come as we work together to ensure Albertans continue to benefit from quality health care.''

Boucher agreed: “We just need to rebuild the relationship.”

He said there is no timeline for a new deal.

“I think it’s going to be some time."

This report by The Canadian Press was first published April 12, 2021.

Dean Bennett, The Canadian Press

INCOMPETENT

Alberta health minister defends decision against COVID-19 vaccine passport amid repeated questioning

By Heide Pearson Global News
Posted September 10, 2021 

Alberta Health Minister Tyler Shandro was grilled again by reporters Friday over the province’s hesitation to adopt COVID-19 vaccine passports

Alberta Health Minister Tyler Shandro is continuing to defend the UCP’s decision not to implement a so-called vaccine passport and related restrictions, amid surging fourth wave COVID-19 cases and hospitalizations.

Shandro has been asked repeatedly, specifically in the last two days, why the Alberta government has no current plans to introduce a proof of vaccination program.

HINSHAW SAYS DUH OH
READ MORE: COVID-19 ICU admissions slam Alberta hospitals; Hinshaw says ‘the move to endemic was too early’

During a news conference on Friday in Rocky Mountain House, Shandro was questioned again about whether Alberta will have a system similar to the one coming to B.C., where residents have proof of vaccination on either an app or a scannable card, and along with it, province-wide restrictions will be in place preventing unvaccinated people from entering some settings, like non-essential businesses.

“The answer is, is that right now, the first work to be done is for us to make sure that Albertans have their vaccine records in the palm of their hand, for us to come out like other provinces are doing,” he said.

“And I expected to be next week for the principal card, (the) same as B.C., which we’ll also be launching next week.”

Doctors warn of potential health care system collapse in Alberta

THE REPUBLICAN FORMULA APPLIED IN ALBERTA

When asked why Alberta wasn’t also introducing comparable restrictions along with the vaccine card, Shandro said the government is prioritizing ensuring that businesses or workplaces that want to implement their own restrictions, can do so quickly through a secure QR code.

“When it comes to the question of whether it’s going to be government mandated, we have — as we’ve communicated before, premier said before — we are right now enabling those workplaces and businesses to be able to make those decisions,” he said.

“We are going to continue to look at the evidence on how that affects our vaccine uptake. If there is evidence… as we see the vaccine passports, as they are enabled in other provinces, I’m happy to look at that information.

“But at this time, we have made the decision for these decisions (to) be led by those workplaces and by those businesses.”

Health minister says Albertans will have ability to show COVID-19 vaccine status without mandating passport

He was then asked about evidence from other provinces, like Ontario, B.C. and Manitoba, where the introduction proof of vaccination programs led to an uptick in vaccinations.

At that point, the minister’s press secretary attempted to stop the reporter and move on to the next question in the queue.

When the reporter said, “Just one more question, I drove all the way to ask him,” the press secretary could again be heard saying to move on to “the next question please.”

“The evidence is out there. People are out there dying right now, Minister. They are dying. Time for action, that’s what Albertans are saying. So why are you delaying this?” CBC provincial affairs reporter Michelle Bellefontaine is heard saying before the press secretary again tries to move on to the next question.

Shandro insisted on answering the question, however, and stated he’s also heard these concerns from other Albertans.

“It’s good feedback for us to get, I appreciate that feedback,” he said.

“As I made the commitment that we are going to continue to look at that evidence, and we will continue to work with our public health officials on the question, so thank you.”

READ MORE: COVID-19: Alberta records 10 more deaths as hospitalizations, ICU admissions keep rising

As of Friday, 686 Albertans were in hospital because of COVID-19, with 169 being treated in ICUs. That’s a jump of seven hospitalizations and 15 ICU admissions in 24 hours.

The province also reported 1,473 new COVID-19 infections, as well as 10 more deaths.

Of the Albertans eligible to receive the vaccine, 70.9 per cent were fully vaccinated as of Friday, and 78.9 per cent had received at least one dose.

Shandro was also asked Friday about the $100 incentive that was announced last week, aimed at getting unvaccinated Albertans out to get the jab, however, has not resulted in a significant increase in the vaccinations.

READ MORE: Days into Alberta’s $100 COVID-19 vaccine incentive, experts say initiative is futile, insignificant

The health minister did not provide any official numbers on the rate of vaccination in the province, and instead vaguely referenced media reports from Medicine Hat, saying anecdotally, the region saw a 13 per cent increase in vaccinations after the incentive was announced.

“I know that incentive program like that is frustrating for Albertans. I’m frustrated by the fact that we had to get to the point where we’re coming out with an incentive program like that,” he said.

“So I appreciate (that) everybody who did the right thing and got the jab in their arms is frustrated that we’re now having to incentivize those who haven’t.”

‘I’m frustrated we had to’: Alberta health minister defends COVID-19 vaccine incentive

Shandro said from what he’s seen, there have been “some increases” in vaccinations, and the Ministry of Health will “continue to be be interested in seeing how further those increases go.”

When asked whether the government would consider increasing the amount of money attached to the incentive, Shandro said no, adding that officials will be looking at areas with low vaccination rates and how to incentivize those residents to get their shots.

© 2021 Global News, a division of Corus Entertainment Inc.

  

Alberta digs in heels against vaccine passports as early data on $100 gift cards for jabs shows slight uptick in appointments

By Kieran Leavitt

Edmonton Bureau
Thu., Sept. 9, 2021

EDMONTON—Alberta is, so far, remaining steadfast in its stand against vaccine passports while hospitalizations threaten to overwhelm a provincial health-care system that’s postponed many non-emergency surgeries this week.

At a Thursday press conference, Dr. Verna Yiu, president of Alberta Health Services, warned the health-care system “is experiencing significant capacity challenges.” She added the health authority was doing all it could “particularly in our ICUs, where pressure on our staff, physicians and resources is intense.”

The province is dealing with a staggering fourth wave of COVID-19 cases that’s been growing for weeks. Health officials and Premier Jason Kenney, who have made only rare appearances in public in recent weeks, have been widely criticized for not acting quickly enough or adding more measures to help.

Both Ontario and B.C. have seen upticks in vaccination appointments after announcing vaccine passports required for some indoor spaces. Meanwhile, while Alberta saw a jump in appointments after announcing their strategy — paying people $100 to get a shot — experts say it isn’t to the degree other provinces have seen and that the province should be bringing in more health measures.

As of Thursday, Alberta’s intensive care units were at 87 per cent capacity, said Yiu. That number includes the 93 beds that have been added as surge capacity on top of the usual 173 ICU spots. Of the 231 people in an intensive care unit, 70 per cent of them have COVID-19, said Yiu, and most of them are unvaccinated.

For much of the province, many non-emergency surgeries have been postponed, including all such surgeries in the Calgary health zone.

Health Minister Tyler Shandro was asked at the press conference on Thursday about bringing in vaccine passports but held firm on the line provincial officials have been saying for weeks: businesses or event organizers could require them if they wanted; but he didn’t give any indication the province would require them.

The comment is line with those by the premier, who has questioned whether passports would violate the Health Information Act.



‘I wouldn’t pass her in my ethics class’: Medical ethicist pans London professor who spoke against vaccine mandates at PPC rally
1 day ago

When a reporter asked Shandro if decisions about public health are being driven by political calculations, Shandro said he and the premier have always made decisions “based on public health.”

“I think, quite frankly, the biggest criticism of us over the last 18 months is that we have not been making our decisions political enough,” he said.

In July, Alberta lifted nearly all public health restrictions on Canada Day as Kenney and his government labelled the summer Alberta’s Best Summer Ever.

Then for weeks in August, Kenney, Shandro and Chief Medical Officer of Health Dr. Deena Hinshaw were not making public appearances even while the province wracked up almost a third of the country’s active cases.

At Thursday’s press conference, Hinshaw said she looked at evidence, consulted with colleagues and watched modelling in early summer — all which led her to recommend that Alberta move toward “endemic” at the outset of summer.

“Clearly, the move to endemics was too early,” she said.

“It is, of course, up to Albertans to determine where they want to put their trust. All I can do is continue to show up, continue to do my best every day with my professional judgment.”

During the weeks of absence, intensive care units across Alberta saw capacity at 95 per cent and Alberta Health Services started to postpone elective surgeries across the province.

Meanwhile, the uptick in cases has shown no sign of slowing down.

Alberta has seen more than 1,000 new COVID-19 daily cases on average for the last two weeks, with more than 600 people now in hospital with the illness.

In a bid to boost vaccinations last week, Kenney announced that people who get jabbed between Sept. 3 and Oct. 14 would be eligible to receive a $100 debit card from the province. The government also brought back a provincial mask mandate and put a 10 p.m. curfew on liquor sales.

Alberta has one of the lowest vaccination rates in the country with just over 70 per cent of eligible people being fully vaccinated.

Other provinces have seen success in boosting vaccine uptake by using a passport system that bars unvaccinated people from public spaces and restaurants.

The same day B.C. announced its vaccine passport system, there were 8,909 new registrations for the province’s vaccine program and 7,347 new appointment bookings, representing a 174 per cent and 88 per cent increase compared to the previous week, respectively.

The following day, there were 10,175 registrations and 9,486 new appointments, a 201 per cent and 124 per cent increase.

Ontario saw 3,479 bookings on Aug. 31, according to CTV, and on Sept. 1, when its vaccine passport program was announced, bookings jumped up to 7,125.

In Alberta, vaccine appointments got a bump after the gift card rollout as well, according to data provided to the Star by Alberta Health and Alberta Health Services — though experts are divided on what the data means.

On the Saturday and Sunday prior to the gift card announcement on Sept. 3, there were 1,750 and 1,667 vaccine appointment bookings online, respectively. Vaccine appointment booking numbers, as well as doses administered, are usually lower on weekends.

The Saturday and Sunday after the Sept. 3 announcement (which fell on the Friday) saw 3,001 and 2,145 vaccine appointment bookings, respectively. That’s a 71 per cent jump on the Saturday and a 28 per cent hike on Sunday.

Looking at data from each day between Aug. 28 and Sept 7, Isaac Bogoch, an infectious diseases expert at the University of Toronto, said it “looks like a pretty significant boost in vaccinations on most days” after it was announced that people could get $100 for a jab.

However, while the cards could be a “cost effective” initiative to encourage some people to get vaccinated, he said it should be part of “a bigger plan” of encouraging people to get vaccinated.

“Some of them are carrots and some of them are sticks — this is a carrot,” said Bogoch.

But Lynora Saxinger, an infectious diseases expert with the University of Alberta, said that while the trend is “unclear,” she said “given that other places saw a doubling of bookings quite quickly — we aren’t seeing that” in the data so far.

She said it’s time for Alberta to bring in a vaccine passport system like what’s been introduced in Ontario, Manitoba, Nova Scotia and B.C.

“Things are really dire here right now,” she said. “Anything that potentially could help increase population protection would be an advantage, and sooner, rather than later, would be very important.”

With files from The Canadian Press

Kieran Leavitt is an Edmonton-based political reporter for the Toronto Star. Follow him on Twitter: @kieranleavitt

  

AUSTERITY KILLS

Shandro fires back at 'hyper-politicized' critics amid bed closures and labour unrest
Author of the article:Bill Kaufmann
Publishing date:Jul 16, 2021 •

Health Minister Tyler Shandro speaks at a press conference outside the Peter Lougheed Centre on Friday, July 16, 2021. PHOTO BY AZIN GHAFFARI/POSTMEDIA

Alberta Health Minister Tyler Shandro lashed out at critics Friday as reports of hospital bed closures and anger among health-care workers continued to mount throughout the province.

Following the closures of dozens of beds in mainly rural areas throughout Alberta due to staff shortages, reports that 18 patient-spaces have closed at Edmonton’s Royal Alexandra Hospital surfaced late Thursday.

At the same time, nurses and health-care support workers are voicing anger after saying they’ve been asked by Alberta Health Services to accept wage cuts of three and four per cent, respectively.

“Everyone knows Premier (Jason) Kenney and Health Minister Shandro have no respect for front-line health-care workers, even after everything they’ve done for us during the pandemic, and here we see AHS following their orders to add insult to injury,” said Susan Slade, vice-president of the Alberta Union of Provincial Employees, which represents support staff

In a tweet Thursday night, Edmonton emergency physician Shazma Mithani said 18 of 43 emergency room beds at the Royal Alexandra Hospital had shut because of staff shortages.

“Almost half of the beds in one of the busiest ERs in the country are closed because of staff shortages,” she said. “Let that sink in.”

An internal medicine physician at that hospital also tweeted deep concerns about the plight of its ER.

“Not only are ER beds closed and an issue, but we also don’t have enough discharges to accommodate new patients into ward spaces. This is bad. Very bad,” Dr. Neeja Bakshi said in a tweet.

In a statement, the AHS said 12 of the hospital’s ER beds were restored after four hours while six have been temporarily closed due to a staff shortage.

“There was no reduction in care for patients in the emergency department during those four hours and EMS was not diverted to avoid the Royal Alexandra Hospital,” said AHS, adding such situations are common, particularly in summer.

“We are constantly working to address staffing levels at our sites – as staff vacancies are filled, beds are reopened. The COVID-19 pandemic has had an impact through staff redeployment and a depletion of the available pool of casual staff, which is being seen across Canada.”
The Opposition NDP condemned the province’s management of the health-care system for the bed closures, saying their treatment of health-care workers is partly to blame for sinking morale leading to staff shortages.

While unveiling a $4-million investment into hemodialysis services and ventilation system at the Peter Lougheed Centre on Friday, Shandro accused the NDP of lying about the health-care challenges facing the province and exploiting them.

“The NDP have hyper-politicized outrageous claims throughout COVID and this is another one of them,” he said.

“Of course our health-care system has been under enormous pressure for a year and a half just like every other health-care system in the world and Canada has and we continue to have those pressures.”

Bed closures, said Shandro, are “dynamic decisions responding to pressures on human resources to make sure people get the care they need.”

Last month, Shandro blamed staff vacations for stresses in the health-care system, but on Friday he said “burnout” is playing a role here and in other jurisdictions.

Alberta has 1,000 more nurses working today than it did a year ago and has reduced its pandemic-caused backlog of 40,000 surgical procedures to 15,000 — both indicators the health-care system is in good shape, he said.

“We’re not going to take the years other provinces are going to take to catch up on that backlog,” said Shandro.

He limited his comments on wage demands being made on nurses and support workers, insisting the UCP government isn’t dictating anything to health-care workers.

“This isn’t something the government is imposing heavily on health-care workers or their unions — these are conversations to be brought up at the negotiating table,” said Shandro.

Other jurisdictions might be having problems with staff stress and shortages, but they’re usually not trying to make them worse, said United Nurses of Alberta president Heather Smith.


“(Elsewhere) they’re not insulting every health-care worker in the system. In Alberta, they’re insulting everyone in the health-care continuum,” said Smith, adding the province is now at war with doctors, nurses and support staff.

When the bid by AHS to eliminate a two per cent lump sum payment is figured in, the requested pay rollback actually amounts to five per cent, she said.

That approach is making recruitment and retention far more difficult, with other jurisdictions luring away even well-paid Alberta nurses.

“We’re losing some very, very good, highly skilled people and senior workers,” said Smith.

Stress among staff coupled with tensions with the provincial government and AHS, she said, are increasing the calls among UNA members for some kind of labour action.


“How many times do you light a powder keg before it goes off?” said Smith.

The AHS is using a temporary structure field unit initially installed to handle pandemic overflow at the site of the Peter Lougheed Centre to take the pressure off increasingly busy ERs in the city.

Shandro said that’s an example of prudent contingency planning.

But NDP health-care critic David Shepherd said it’s a symptom of a health-care system besieged by the provincial government’s miscalculations during COVID-19.

“They’re reacting and that’s really what they’ve done throughout the pandemic particularly during the third wave,” said Shepherd.

“We know the minister can claim what he wants, but the evidence is on the ground.”

BKaufmann@postmedia.com
on Twitter:@BillKaufmannjrn

How the Alberta doctors' contract dispute could impact the UCP government now and in the 2023 election

Ashley Joannou 

4/2/2021

© Provided by Edmonton Journal (left to right) Health Minister Tyler Shandro and Premier Jason Kenney take part in a press conference where they provided an update on the distribution of COVID-19 vaccines through participating community pharmacies, in Edmonton Thursday March 18, 2021. The press conference was held outside the Shoppers Drug Mart at 5970 Mullen Way.


Tuesday’s decision by Alberta doctors to vote down a proposed master contract with the provincial government has thrown the already contentious relationship back into the fire.

After taking more than a year for the government and the Alberta Medical Association to reach the deal that doctors quashed, both sides are on their way back to the bargaining table. Political watchers say the longer the dispute drags on, the more it could influence other government contract negotiations on the horizon — and the 2023 election.
What are the obstacles?

Fifty-three per cent of doctors who voted said no to the deal.

The proposed contract gave Health Minister Tyler Shandro final say on budgetary decisions, University of Calgary health law professor Lorian Hardcastle, who has seen the rejected deal, said. While doctors understood the minister would have significant power, she said “a lot of people were concerned specifically how he would use that discretion.”

That mistrust has grown over the past year and throughout the pandemic. It began in February 2020 when Shandro ended the province’s master agreement with doctors and unilaterally imposed billing and compensation changes, in the name of fiscal responsibility and aligning Alberta’s costs with those of other provinces. Many of those changes were rolled back.

Doctors have said the numbers the government uses is not their take-home pay and does not account for overheard costs of running an office.

Shandro has also faced criticism during the conflict for his behaviour away from the bargaining table. In March 2020, he shouted at a doctor in his driveway over a social media post, and in April 2020 he contacted doctors on their personal phones.

Over the past year, some doctors have either left or threatened to leave the province, and the association sued the government over the ripping up of the contract.

Hardcastle believes the deal could have been ratified if it was being managed by someone other than Shandro.

Premier Jason Kenney has backed his health minister throughout the fight and on Wednesday said Shandro has his “full, 100 per cent confidence” amid calls to shuffle him out of his post.

Melissa Caouette, a political strategist and vice-president of business development and government relations at Edmonton’s Canadian Strategy Group, said the government may be reluctant to change the face of their negotiations mid-stream.

“I think that it could be interpreted that switching the person who’s dealing with those is sort of a signal that they’ve changed their mind on their stated desire to bring public sector compensation in alignment with other provinces, which is still a goal for them,” she said.

Duane Bratt, a political scientist at Mount Royal University, said Kenney could also be afraid of what shuffling Shandro out would signal to other negotiating groups.

“The next labour people are going to go well, if I’m the ATA, and I don’t agree to a deal with (Education Minister Adriana) LaGrange, is Kenney going to shuffle her out?” he said.

© Jeff McIntosh/The Canadian Press/File Alberta Health Minister Tyler Shandro has been at odds with doctors since he ended the master agreement for physicians in Feb. 2020.

More than one health-care bargaining table

Doctors aren’t the only ones in the medical community negotiating with the government.

Shandro also announced last year that he was scrapping the government’s deal with radiologists. The recently extended contract now ends in September.

Last month, Alberta’s largest nurses union, the United Nurses of Alberta, rejected a proposal to delay bargaining until June, which the government blamed on the pandemic.

Caouette said the loss to doctors makes those negotiations even harder for the government.

“Physicians are supposed to be the easiest historically to have these conversations with,” she said.

“I think that other groups are going to see what’s happened here, see (that) they can drag the fight on for a long time and I would imagine that some of those folks are going to hope to drive those conversations on and make this an election issue.”

Hardcastle said she could see having multiple organizations negotiating with the government at the same time embolden those groups to push and ask for more “because they’re not the only ones pushing back.”
Election 2023

With the government midway through its four-year term, Caouette said the doctors’ contract could be at risk of becoming an issue in the 2023 election.

“I think if it does persist, if there isn’t an agreement, it is going to have worse of an impact on the government than it does on physicians, especially if we are still in a state of heightened public health concern with the pandemic,” she said.

The striking down of the contract comes as the UCP government’s popularity slides.

In March, researchers with the University of Alberta and the University of Saskatchewan’s Common Ground project found that UCP support has swung significantly and directly to the NDP for the first time since the party was formed in 2017.

The poll found NDP support at 39.1 compared to 29.8 per cent for the UCP. Researchers noted that two other polls in the field at the same time also had the NDP significantly ahead.

Health care and education are two key areas voters care about come election time, Caouette said, and any uncertainty in those files leads to uncertainty amongst the electorate.

In rural Alberta — a key region for the United Conservative Party’s base — the link between physicians and their community may be stronger than in urban environments, she said.

“If we are in a situation where family physicians in rural Alberta are making a decision to leave, or perhaps scaled down or shut down their practices because of economic concerns, it’s definitely going to be something that the base is worried about,” she said.

To date, the government has denied doctors are leaving the province, saying its numbers show a net increase.
Now what?

While there’s no hard deadline for when a new contract has to be in place — doctors could continue with the status quo indefinitely — the uncertainty of working without one could have an impact on the province’s health-care system.

“It’s uncertainty for perhaps new graduates who may look at what’s happening and say, ‘I would like to work in another part of Canada versus Alberta.’ It is uncertainty for existing physicians who might be having some of the same thoughts as well,” Caouette said

.

© David Bloom (left to right) Health Minister Tyler Shandro and Premier Jason Kenney adjust their face masks as they take part in a press conference where they provided an update on the distribution of COVID-19 vaccines through participating community pharmacies, in Edmonton Thursday March 18, 2021.

When it comes to getting back at the table, Hardcastle said the government seems unlikely to budge on two specific issues in the proposed contract that irked doctors: the end of binding arbitration, and the placing of a cap on physician compensation that would allow the government to withhold payment if the budget were exceeded. But there may be wiggle room with other points, such as potentially more consistent virtual care funding or a stronger grant program, she said.

When asked whether the government might try and impose a contract on doctors as they continue to butt heads at the bargaining table, Hardcastle said the status quo already gives government significant power.

Bratt believes that reading between the lines of the MacKinnon Report — commissioned by Kenney in 2019 to examine Alberta’s finances — offers a path where the government could impose contracts using Canada’s notwithstanding clause.

The report does not explicitly make that suggestion. It concedes that the “Supreme Court of Canada decisions on collective bargaining have limited the power of governments to set aside or impose collective agreements.”

However, it says legislative mandates can be used not as an ongoing way to conduct collective bargaining but “in exceptional circumstances such as the current situation in Alberta where the government has committed to balance the budget by 2022/23.” Since the pandemic, the government has backed away from that timeline.

The report later mentions that Saskatchewan used the notwithstanding clause in 1986 to overturn a court decision on labour relations.

“And so you negotiate” Bratt said. “If that doesn’t work, then you impose. And if it goes to the courts, well, we’ll take it to the courts. And if the courts ruled against us, then you use (the notwithstanding clause)."

Related
Kenney says Shandro has his ‘full, 100 per cent confidence’ after doctors vote down proposed contract with government
'I want to leave the rhetoric behind': Shandro extends olive branch in contrite letter to doctors
NDP calls for Health Minister Tyler Shandro's removal after he contacted doctors on their personal phones
Kenney rejects NDP's calls to fire health minister over confrontation with doctor

ajoannou@postmedia.com