Lawyers argue Alberta lifted school mask mandate to quell border protests

The choice to take away masks mandates in Alberta colleges was not in keeping with public well being recommendation and as an alternative was made by authorities officers for political causes, together with “quelling protests” on the Coutts border crossing, attorneys argued in court docket on Wednesday. 

The listening to, going down within the Court docket of Queen’s Bench, Alberta’s superior court docket, is concentrated on the abrupt provincewide lifting of the college masks mandate on Feb. 8.

It is a part of an utility filed on behalf of the households of 5 immunocompromised kids in addition to the Alberta Federation of Labour (AFL).

Attorneys for the group argued Alberta Chief Medical Officer of Well being Dr. Deena Hinshaw abdicated her authority to cupboard and failed to fulfill her obligation to guard medically susceptible faculty kids.

The kids on the centre of this court docket case, say the candidates’ authorized staff, suffered segregation, alienation and bullying because of having to remain dwelling from faculty or, in different circumstances, as a result of they have been the one ones at their colleges who wore masks.

Mandate lifted for goal of ‘quelling protests’

The applying argues the sudden finish of the masking mandate infringed on the constitution rights of immunocompromised kids who have been pressured to decide on between their schooling and their well being.

The lifting of the mandate was executed for the “improper goal” of “quelling protests,” argued lawyer Orlagh O’Kelly, who cited the continued protests and blockades on the Coutts border crossing in late January and February. 

The candidates instructed Justice Grant Dunlop they aren’t asking for the reinstatement of a provincewide mandate. 

As an alternative, O’Kelly and co-counsel Sharon Roberts made closing arguments Wednesday, asking the decide to make a declaration that it was not Hinshaw who made the choice and that, sooner or later, she can’t hand over energy to cupboard.

Attorneys for the federal government could have the possibility to make their closing arguments on Thursday.

Authorities ordered at hand over docs

The identical group was beforehand unsuccessful in its emergency utility to permit faculty boards the precise to implement their very own masks mandates. However Dunlop agreed the case may proceed as a judicial overview of each the coverage and of how the choice to finish the mandate was reached.

As a part of that overview, O’Kelly and Roberts sought further data from the Alberta authorities, which the province refused at hand over till two separate court docket orders have been handed down in June and once more in July. 

Solely then did the federal government launch paperwork beforehand protected by cupboard confidentiality, together with a PowerPoint presentation and minutes from the cupboard committee assembly on Feb. 8, the day it introduced its plans to carry public well being measures.

The Alberta Well being briefs revealed that whereas many components can impression COVID transmission, faculty boards with out masks mandates at the beginning of the 2021 faculty 12 months had, on common, 3 times extra outbreaks than these with masks.

Lifting of masks mandate expedited

The PowerPoint presentation, ready by Hinshaw and offered by Well being Minister Jason Copping, gave three choices with steps inside every for lifting restrictions.

The primary would have most public well being measures lifted in Step 1, permitting Alberta to “be a frontrunner in getting into the endemic house,” whereas the third left the choice completely as much as the committee.

The paperwork present the committee chosen Choice 2, which, for essentially the most half, aligns with the plan introduced by Premier Jason Kenney later that day. However someplace alongside the road, the plan for masking in colleges modified. 

Within the PowerPoint, the lifting of the masks mandate in colleges was the second possibility’s second step and was to happen on March 1.

However the assembly minutes present the removing of masks in colleges was moved as much as Feb. 14. Training Minister Adriana LaGrange additionally revoked faculty board authority to set their very own guidelines.

In response to the disclosure of the once-withheld paperwork, Steve Buick, press secretary for Well being Minister Copping, mentioned the choice was made to carry the college masks mandate “primarily based on the very best obtainable proof, and recommendation from Alberta Well being and the chief medical officer of well being.”

“We stand by our determination to carry public well being measures, together with ending obligatory masking in colleges. It was the precise alternative for teenagers, and it didn’t pose undue danger to our communities.”