Alberta government lawyers reject claim school mask mandate lifted due to 'combustible' border protest

Day 2 of a court hearing on the Alberta government's abrupt removal of a mandatory mask mandate for schoolchildren heard Thursday from a government lawyer who rejected a suggestion the decision was fuelled by growing tensions at the Coutts border in February.

"It is interesting that the applicants are trying to paint a picture that somehow the removal of the mask mandates was done for extraneous or improper purposes," said Gary Zimmermann, a lawyer representing the Government of Alberta. 

The families of five immunocompromised children as well as the Alberta Federation of Labour (AFL) are seeking a review of the decision, which was made Feb. 8 during a cabinet meeting. Dr. Deena Hinshaw, Alberta's chief medical officer of health, presented a range of options to cabinet as the number of infections was falling.

A news conference was held later that day to announce the easing of restrictions.

The removal of the mandatory mask requirement for schoolchildren took effect on Feb. 14. 

Lawyers for the group argued Wednesday that Dr. Hinshaw abdicated her authority to cabinet and failed to meet her obligation to protect medically vulnerable schoolchildren.

They said the decision to remove mask mandates in Alberta schools was not consistent with public health advice and instead was made by government officials for political reasons, including "quelling protests" at the Coutts border crossing.

On Thursday, it was the government's turn to respond.

"They refer to the combustible situation at Coutts, but I reiterate that there is no evidence that Dr. Hinshaw — or cabinet, for that matter — was motivated by politics in relation to this, anti-mask protests or the combustible situation at Coutts. There's no evidence of that," he told the Court of Queen's Bench hearing. 

He said the decision was based on a number of factors, including falling case counts. 

"The latest relevant stats, jurisdictional scans, science, efficacy of interventions … and that includes the fact that requiring children to wear masks is not without consequence," he said.

"The decisions … were absolutely made in good faith, using best judgment based on information available at the time."

He says students, guided by their parents, were allowed to make their own decisions regarding mask use.

"Thus, returning Alberta to the pre-pandemic status quo on this specific issue," he told the court.