THREAD: Let's break down @shandro's latest move to effectively force doctors to remain in Alberta.
1. The Minister has legal authority to direct that the College change its standards of practice (see generally s. 135.1 of the Health Profession Act).
2. Though unusual (and certainly very heavy-handed in the current situation), the Minister can essentially procure the changes he desires regardless of what the College thinks.
3. The only condition placed on the Minister's authority is that the changes be, in his opinion, in the public interest
or related to health, safety or quality assurance. So, in effect, the authority is broad and based on the Minister's opinion.
4. However, the authority is not without check. The way the Minister exercises it is still subject to Charter scrutiny. I think possibly two Charter-protected rights are engaged here: liberty rights (s. 7) and mobility rights (s. 6).
5. Liberty rights because the Minister's approach is arguably constraining fundamental personal choices that physician's can make. Mobility rights because it is arguably preventing physicians from moving to reside and pursue their livelihood in another province.
*physicians*
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