Politicians, experts speak out against premier's suggested restriction on municipal COVID rules

Politicians and professors are pushing back against Alberta Premier Jason Kenney's suggestion that the provincial government could restrict towns and cities from enacting their own mask and proof-of-vaccination bylaws.  

Kenney could introduce amendments to the Municipal Government Act at the upcoming legislative assembly session, which starts Feb. 24, he said during a Facebook live event Thursday, to prevent municipalities from having their own COVID-19 restrictions. 

Eric Adams, University of Alberta law professor, said it's a strange move from a government that has encouraged municipalities to take their own course in the past. 

"It's a remarkably heavy-handed manoeuvre from the province, one that has sometimes touted the benefits of a local governance," Adams said.

"That's deeply puzzling and I think we should be alarmed by even the suggestion that the province is considering doing so." 

Adams said while one municipality may be dealing with a rise of COVID-19 cases, another may not, and each should have the ability to choose a course of action. 

Cities like Edmonton and Calgary created their own face-covering bylaws in the summer of 2020 before the province introduced its own mask mandate. 

At a virtual conference with premiers Friday, Kenney said as the province is set to lift its COVID-19 restrictions municipalities should follow suit. 

"Provinces are clearly in the best position to make difficult decisions about how to manage COVID-19," Kenney said at the conference. "And I really don't think that is something municipal governments are responsible for or necessarily equipped to do."

Alberta Municipalities, the new name for the former Alberta Urban Municipalities Association, issued a statement Friday, calling Kenney's statement 'puzzling and troubling."

Cathy Heron, president Alberta Municipalities and mayor of St. Albert, said municipalities need autonomy when responding to this pandemic and its effects on residents. 

"The restrictive approach Premier Kenney is now considering is completely at odds with his government's earlier direction," Heron wrote. 

Heron said the province has never discussed the idea of amending the MGA to restrict local governments' ability to create public health bylaws, "and we do not expect to discuss it in the future."

Adams suggested the provincial government could face legal action if they follow through with amending the MGA.