By Alessia Proietti

"Unconstitutional"

Innisfail locals ask council to draft letter to provincial government to cancel REP

Dec 21, 2021 | 9:26 AM

COVID-19 and the Province’s Restrictions Exemption Program came under fire at the Town of Innisfail’s council meeting last week.

Community members called on council during their meeting Dec. 13, to draft a letter to the provincial government to cancel the Restrictions Exemption Program (REP) as they claim it goes against the Constitution.

The delegation was brought forward by Iris Reimer, a community member who previously presented the issue to council on Oct. 12 and Nov. 15. At the time, she requested a confirmation if the town would impose COVID-19 restrictions and how much financial profit the Town would be making from the provincial government for doing so.

Her argument, she says, is that the REP goes against the Charter of Rights and Freedoms and Section 52.1 of the Constitution, deeming it the supreme law in Canada.

“As an example, I recently learned of an Innisfail mother who was unable to enter our public pool to watch her children swim. This is not equality, security, or liberty,” said Reimer.

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Reimer brought with her this time, an interview she conducted with Brian Peckford, former premier of Newfoundland and Labrador and last remaining premier to have created the Constitution with then Prime Minister Pierre Elliot Trudeau in 1982.

Peckford, who runs a blog voicing against restrictions and mandatory vaccinations, claims the restrictions go against multiple sections of the Charter such as fundamental freedoms, mobility rights regarding national travel, and equality.

He references the counterargument of Section 1, allowing reasonable limits on Charter rights “as can be demonstrably justified in a free and democratic society”. He alleges no government has proven thus far a demonstrably justifiable reason for the restrictions’ limitation on rights.

“Has any government had a select committee of their legislature or of the House of Commons go study this, bring in experts from all over the world, and hear both sides of the story? And then let that select committee report back? This would be democracy,” Peckford says in a sound-bite clip.

She also claims Peckford said in an email, the limit was intended for use during a time of war or insurrection.

Reimer concluded her delegation by asking council to draft a letter to the provincial government acknowledging resident’s concerns, as the previous council did for local physicians. In March 2020, council supported physicians against the proposed Bill 21, which would adjust billing systems to start matching new physician supply with demand.

New physicians would only be able to bill the government for delivering insured services if they practice in locations with an identified need. This would include rural and remote areas, as well as underserved urban areas.

Calling for a five minute recess, the delegation instead continued, with Mayor Jean Barclay mentioning that Councillor Jason Heistad could not make the meeting that day as he was recovering from a surgery that was postponed twice due to the pandemic.

Mayor Barclay and Councillor Gavin Bates, responded that the REP is beyond municipal jurisdiction and they must follow provincial orders, as confirmed by a municipal lawyer. Council advised Reimer to speak to their provincial MLA, to which Reimer claims she already has.

“Is this how you want your town to spend its money? Through lawyers to try to advance a specific agenda through to the entire province and the country of Canada?” asked Councillor Bates.

Reimer insisted she did not want lawyers but rather a similar letter to that of physicians, representing Innisfail residents’ concerns to provincial government.

“It seems like you don’t care about our rights and freedoms,” Reimer responded.

Four other residents also expressed their opinion on the matter during the open-mic period.

“We have always believed that our first connection, our first line to government is our local government,” said one community member. “I think it would go a long way to healing our community if just, as our local government, you were willing simply to write a letter stating that you have many people in your jurisdiction who are so affected and so hurting by this.”

“Can there maybe be a section that says also, there’s a group of people that don’t need to provide vaccination in order to stay healthy,” asked another individual in attendance, sharing that her 79-year-old mother who survived COVID-19 is worried about her health and need to stay active.

“To ask questions to the provincial government is what we’re asking,” said a third. “I heard you say in other meetings that you do not want to act unlawful, and we agree; no one here wants to act unlawful.”

“My question is, when a government acts unlawful, who corrects the government?” After a long pause, she said, “You and I. We hold more power than we’re giving ourselves credit to.”