Alberta judge rules province ‘unreasonable’ in lifting masking in schools

An Alberta judge has ruled that the lifting of masking rules in schools in February this year was “unreasonable” because it was made by politicians and not the Chief Medical Officer of Health.

The Alberta Federation of Labour brought the lawsuit against the provincial government on behalf of several immunocompromised school children.

In the 28-page court statement released Thursday, Alberta Judge Grant S. Dunlop says the rescinding of the public health order was unreasonable because it was based on an interpretation of the Public Health Act giving final authority over public health orders to elected officials.

“I find that, while the Order was issued by the Chief Medical Officer of Health, that order merely implemented a decision of a committee of cabinet, rather than being the Chief Medical Officer’s own decision,” Dunlop said in his statement.

“I further find that the Order was based on an unreasonable interpretation of the Public Health Act: that the Act left final authority for public health orders to elected officials. Consequently, the Order was unreasonable.”

The judge also declared the statement from Education Minister Adriana LaGrange ordering schools not to bring in mask mandates doesn’t actually prevent boards from bringing in their own mask rules, “because the Minister can only do that through a regulation, and the statement was not a regulation.”

Chief Medical Officer Dr. Deena Hinshaw signed the public health order on Feb. 10, which saw the release of public health masking in schools. Hinshaw rescinded all provincial public health orders June 30.

The applicants argued that the province’s public health order and the statement from Education Minister Adriana LaGrange violated sections seven and 15 of the Charter of Rights and Freedoms, but the judge said they “failed to prove a Charter breach,” because there wasn’t proof that the children “are at increased risk of severe outcomes or complications from COVID.”

Nothing has changed, but the judge issued it as a directive for future Chief Medical Officers of Health.