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April 2000

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Klein Government Writes Contempt for Albertans into Bill 11

Mistrust of citizens, and democracy evident in particulars of health bill

A commentary on a demonstrated attitude of the Klein Government

Jess Huffman

The dust swirling around the justified furore over the Klein government's thinly veiled attempt to import American style health care has obscured an underlying theme. An attitude that Albertans can not afford to ignore; Klein and his caucus fear the democratic process and hold the people of Alberta in contempt.

Klein's refusal to submit Bill 11 to referendum would be enough to raise concern. Why not allow the people of Alberta to decide the future of their health care system? Repeatedly however Klein, or a spokesperson, has answered that question with a statement that this issue needs responsible and fair debate - something that it will best receive in the Legislature. A position obviously taken in light of the overwhelming opposition to Bill 11 by Albertans, (a recent A Channel survey found only 1 in 4 Albertans actually support the bill) and the overwhelming majority of Progressive Conservatives in the Legislature. It would seem that 'fair and responsible' translates to 'controlled so that it goes my way' to Premier Klein.

There is a more insidious indication of Klein's fear and contempt of the people, however, written directly into Bill 11 itself.

We all know that the decision as to what services are uninsured is, in many cases, at the discretion of the government. We also know from news conferences and press releases that the Minister of Health and Wellness will have the discretion to designate 'approved surgical facilities', ostensibly, to avoid abuse by greedy private facility operators. That is set out in section 15. What we are not being told, is that section 23 of Bill 11 prohibits Albertans from challenging any decision of the Minister of Health and Wellness - literally placing him above the law. Let me quote from the section:

"No decision made by the Minister... may be questioned or reviewed in any court... and no order may be made or process entered, or proceedings taken in any court whether by way of injunction, declaratory judgement, prohibition..., or otherwise to question, review, prohibit or restrain the Minister."

Albertans are being denied the exercise of their democratic right to accept or refuse this bill by referendum. Albertans are being denied access to the courts if they feel the Minister has erred, or failed to meet the responsibilities of his office, or for the redress of grievances.

Is this democracy? Is this the populist government Klein's Progressive Conservatives have held themselves to be? It is this writer's opinion that these decisions and actions on the part of Klein and his government are the closest thing this continent has seen to outright tyranny and despotism in living memory. Bill 11 should be defeated, and this government removed, on the strength of our respect as Albertans and Canadians for democracy, let alone our respect for, and belief in, the concept of universal health care it is trying to destroy.



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