Make masks mandatory in Toronto stores? Mayor now says he’s open to the idea

Yorkregion.com
June 29, 2020
David Rider

Mayor John Tory now says he’s open to considering an order forcing Torontonians to wear non-medical masks or face coverings in stores and other indoor public spaces.

His change of tone comes amid new advice from the city solicitor on whether Toronto has legal authority for such an order, and a growing number of municipalities considering telling stores to compel masks for staff and customers.

“I think it’s going to move in that direction,” the mayor said Friday when asked if he could support a mask order when council next week debates the city solicitor’s report and other issues facing Toronto in Stage 2 reopening from the COVID-19 lockdown.

Tory said he has been consulting Dr. Eileen de Villa -- the public health chief who so far has only “strongly recommended” cloth mask use when people can’t physically distance -- on infection control measures including a mask order.

De Villa has noted research citing infection risk during sustained indoor contact.

More covered faces could reduce new cases of the virus spread primarily through water droplets from people’s mouths and noses, and get Toronto quicker to a wider reopening that includes restaurants with some indoor dining, Tory said.

“I’m not indisposed to that,” he said of an order broadening the list of places with mandatory mask use beyond TTC vehicles and stations, and city ferries to the Toronto Islands.

But Tory said he’ll follow de Villa’s advice as to whether an order for non-city sites would be an effective way to reduce COVID-19 spread and “allow us to get back to a more normal functioning of our economy.”

De Villa would not say Friday what advice she’ll give to council

Wendy Walberg, Toronto’s chief lawyer, said in a new report to council that the Ontario government is best positioned to issue a mask order under its Emergency Management and Civil Protection Act.

City council could, however, issue an order under its general authority to legislate health, safety and well-being of Torontonians based on “clear recommendations of public health authorities and operational requirements,” she wrote.

Both Tory and de Villa recently questioned Toronto’s legal ability to follow the lead of Guelph where, since June 12, commercial establishments are ordered, under Ontario’s Health Protection and Promotion Act, to require mask use.

Provincial health authorities this week assured Toronto it has that power.

At Queen’s Park Friday, Premier Doug Ford said he’s not against mask wearing but won’t order it across the province because it’s difficult to enforce, particular in many regions of Ontario where there have been no new cases for weeks.

“It’s up to the local chief medical officer if they want to do it,” he told reporters.

York Region is considering an order at the urging of Markham Mayor Frank Scarpitti, who told reporters Thursday: “The pandemic is not over and the threat of a second wave is a real possibility.”

Kingston said it’s considering an order after an outbreak at a nail salon.

Toronto councillors appear to be split on the merits of a mask order.

Cynthia Lai is a strong supporter. “I think we need to be proactive for the second wave,” of the virus expected in fall, said the Ward 22 Scarborough North councillor. “There are store owners who would really like the city to take the lead with a mandatory order.”

Stephen Holyday (Ward 2 Etobicoke Centre) said retailers are best suited to decide what people must wear in their shops.

“We are already familiar with seeing signs like ‘No shirt, no shoes --no service,’” he said, “and store personnel have experience in keeping order in their spaces.”