Power of persuasion or legislation? York Region split on mandatory mask order

Markham mayor pushes for mandatory masks to curb coronavirus, while other councillors raise concerns over enforcement, infringement of rights

Yorkregion.com
July 6, 2020
Heidi Riedner and Kim Zarzour

Preventing the spread of new COVID-19 cases could be as plain as the mask on your face, but should wearing one be voluntary or mandatory?

Persuasion versus legislation is up for debate at a special meeting of regional council July 9 regarding Markham Mayor Frank Scarpitti’s motion to make face masks mandatory for everyone except children under two and those with medical conditions at indoor public spaces across York Region where physical distancing cannot be maintained.

In conjunction with the recent approval of mandatory masks on York Region Transit effective July 2, the regionwide policy for indoor spaces and crowded outdoor spaces would be another safeguard in the fight to stop COVID-19, Scarpitti said.

"The pandemic is not over and the threat of a second wave is a real possibility,” he said.

A strong advocate for a uniform approach to handling the pandemic, from closures to reopening frameworks, Scarpitti pressed Premier Doug Ford to make masks mandatory across the province, most recently spearheading a failed request issued in a joint statement from the mayors of the Greater Toronto Hamilton Area (GTHA) June 29.

While Ford said he’s not against mask-wearing, he wouldn't order it across the province because it’s difficult to enforce, particularly in regions where there have been no new cases for weeks.

In lieu of a provincial policy, Scarpitti is pushing for consistency across the region. The goal isn't to punish people for noncompliance, but rather, to set a standard that will encourage public participation.

“Whether I’m in Vaughan or Richmond Hill, the same rules (should) apply; there’s no second-guessing is my mask on or off,” he said.

Vaughan Mayor Maurizio Bevilacqua, who seconded the motion, said there are indications a second wave in the fall could be four times worse.

“The sun is out, we’ve gone into Stage 2 and people fall into a false sense of security,” he said, adding ramping up measures to reduce transmission may be necessary.

Newmarket resident, Judy Lawrie, is among many residents who agree.

“I am 100 per cent in favour of this,” she said, adding she’s noticed a decline in people wearing masks with the increased easing of restrictions.

“I live in a condo, am a senior, and the majority of residents are seniors and in the past week I’ve noticed many have stopped wearing their masks,” Lawrie said. “I know it’s hot; however, we need to do whatever it takes to prevent a serious second wave.”

A recent Leger survey suggested 48 per cent of Canadians are wearing masks in public.

Forced compliance to boost those numbers, however, doesn't sit well with Richmond Hill Deputy Mayor Joe DiPaola, who supports people wearing masks, but compared the proposed mandatory policy to “a draconian blanket” infringing on people’s rights.

Many shared his view on social media, adding they would either defy the rule or go outside of York to shop and do things if passed.

“I’m extremely hesitant for us to use our powers in this way without other jurisdictions coming on board,” he said. “I think the civil liberty consideration is utmost here. I’m very concerned about us forcing people.”

To date, areas such as Toronto, Brampton, Kingston and municipalities in Wellington-Dufferin-Guelph and Windsor-Essex have enacted mandatory mask orders.

Many public transit authorities require that passengers wear masks, including York, Toronto, Hamilton and Guelph.

Anyone who travels by plane in Canada is required to wear a cloth face mask, following an order from Transport Canada in April, and airlines must provide masks to passengers who don’t have their own, depending on available supplies.

Supply, efficacy and an "array" of issues pertaining to enforcement were raised by DiPaola, who noted it took decades of research to enact smoking bylaws.

“There’s people really struggling financially through the COVID situation and they can’t afford to buy a mask. Are they going to be slapped with a fine to further complicate their economic problems?” he said.

While council has the authority to pass a bylaw, the region’s chief medical officer of health, Dr. Karim Kurji, said public health has never issued an order beyond specific groups or individuals, relying instead on education and persuasion.

“I don’t think we are at the level where I would feel comfortable with an order. This is a challenging area where we have to arrive at a balanced judgment with respect to taking away liberties from people," said Kurji, who will table a public health report on the implications of a mandatory mask order to council at the July 9 meeting.

Discussing the issue with reporters, Ford said he had talked to both Scarpitti and Kurji, adding all local governments have “a lot of power to change things.”

“So, if the community, the mayors and everyone wants to do that, good luck to them. I don’t disagree, by the way.”