THUNDER BAY - The Thunder Bay District Health Unit has issued an order making face masks mandatory in all indoor spaces effective July 24 and a local law firm has responded by offering its legal services to anyone fined for not wearing a mask.
“My concern is that there are exceptions to this, but people are still going to be fined and if they are fined they are going to need to fight their charge and they are going to need someone who is going to help them deal with this in provincial offences court,” Richard Garrett said, a criminal defence lawyer and partner at Frangione Garrett LLP in Thunder Bay.
Starting next Friday, masks or face covering will be required by all members of the public, employees and others in enclosed public spaces, according to an announcement made on Thursday by the health unit’s medical officer of health Dr. Janet DeMille.
“I’ve had a challenging couple of weeks in looking at considering this because I know what it means to essentially impose something on people,” DeMille said Thursday, adding the decision was not made lightly.
There are exemptions to the order which include individuals with certain medical issues, children under two, and children under the age of five with developmental challenges who refuse to wear a mask and cannot be persuaded by their caregiver.
DeMille said these individuals will not be required to provide proof of their exemptions but Garrett argues individuals could face issues with this once the order is in effect.
“The order says that no person shall be required to provide proof for any of the exemptions, but if they are questioned by a bylaw officer or a peace officer who has the authority to impose a fine, people are going to feel compelled to provide some sort of proof,” Garrett said. “If they are feeling compelled to provide some sort of proof and they are fined…now they have to deal with the court system.”
Garrett also explained that the mandatory order could be found unconstitutional and could amount to a violation of a person’s Charter of Rights.
“Telling people they have to wear a mask is something that fundamentally changes the way they live their life, it fundamentally imposes on them that this is what you have to do,” he said.
The decision to impose their mask or face covering requirement comes as the region enters Stage 3 of the province’s reopening plan. The third phase includes the return of indoor dining at restaurants, service in bars, reopening of gyms and the return of movie theatres in limited capacities.
DeMille said on Thursday the wearing of masks should be adopted as the “new normal” and evidence shows it can reduce the spread of COVID-19 in the region.
As of July 17, the health unit says on its website there is one known active case in the district.
“If a person wants to impose the order in private business like you can’t come in unless you are wearing a mask that is no different than when you go to a grocery store or a gas station that says ‘no shirt, no shoes, no service,’ I am totally OK with that,” Garrett said. “If a person wants to make their own rules that is totally fine.”
