Edmonton City Council delays mandatory masking bylaw debate

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Edmonton City Council put off debating a proposed mask bylaw on Tuesday that would have seen a return to mandatory masking in all public spaces and businesses, and put the city at odds with the provincial government.

The United Conservative Party government recently tabled legislation that would restrict local governments’ abilities to reinstate mask mandates or vaccine passports.

Alberta removed almost all of its COVID-19 public-health measures three weeks ago. Edmonton and Calgary lifted their respective mask bylaws in line with the province, but at the time Edmonton Mayor Amarjeet Sohi expressed frustration with the provincial government’s decision to end public-health measures and remove municipalities’ ability to keep their own rules in place.

Councillor Andrew Knack subsequently moved to request that city staff develop a new temporary mask bylaw that, like the previous rules, would require face coverings in all public spaces as well as on transit.

Council decided on Tuesday to put off a debate and vote on the proposed bylaw until the provincial legislation becomes law. Mr. Knack made it clear he would bring back his proposed bylaw once that happens.

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In an interview earlier in the week, Mr. Knack acknowledged that the Alberta government is likely to block the bylaw even if council votes to approve it, but he argued this would open up a much-needed conversation with the province.

He pointed to what he sees as a lack of transparency in the public reporting of Alberta’s public-health data and the recommendations of the province’s Chief Medical Officer of Health Deena Hinshaw.

“In a scenario where we’re dealing with something that has a significant impact on public health, in particular to seniors, I think we owe it to just frankly everyone as elected representatives, to the people that we serve, to be transparent in our decision-making process,” he said.

“One of the best ways to help with that is to be transparent. It doesn’t mean we’ll all agree but at least we can understand how decisions are being made.”

B.C. to drop mask mandate in most public spaces, end COVID-19 vaccine passports

Let’s not trifle with the true meaning of freedom

Edmonton City Council on Tuesday voted against mandatory face-coverings in city-owned buildings. In a separate vote, it approved a bylaw to require masks on public transit. This is still required under provincial rules, but the city argues having its own bylaw makes it easier to enforce the rule.

Earlier in the pandemic as cities and towns passed their own mask bylaws in response to what some argued was inaction from the provincial government, Premier Jason Kenney argued that municipal governments were best-placed to put in restrictions in response to local conditions.

Mr. Kenney now argues that local governments should not be making policy decisions on health care because it is within the province’s jurisdiction. The Premier said the government wants to ensure consistent policy that respects individuals’ choice about whether to wear masks.

The provincial legislation was widely criticized by municipal politicians who argued the government was overstepping its authority and interfering with cities’ ability to set their own policies.

Eric Adams, a University of Alberta law professor, said there’s no question that the province has the power to limit what municipalities can do. He said that municipalities don’t have any inherent powers under the Constitution and that cities rely on the authority they are granted from the province.

“It’s maybe a little bit anomalous in the 21st century that we have these powerful and important large city governments that have an important impact on millions of peoples lives but they don’t have constitutional grounding.”

Prof. Adams criticized the legislation, which he said removes the ability of local governments to move quickly to impose public-health measures to protect their residents. He noted that Edmonton acted quickly to adopt mandatory masking before the province did the same.

“The City of Edmonton decided to get in the business of saving people’s lives,” he said. “It seems to me likely that the ability of Calgary and Edmonton to move more quickly than the province was willing to on masking ultimately protected a number of people’s health.”

Under the provincial legislation, municipal governments proposing a mandatory mask bylaw can seek approval from the Minister of Municipal Affairs, who would review such a request in consultation with the Chief Medical Officer of Health.

Scott Johnston, a spokesman for Municipal Affairs Minister Ric McIver, said in an e-mailed statement that any existing bylaws would be overruled once the legislation is proclaimed but he added that the government would review any requests for exemptions. Mr. Johnston said that the legislation does not stop local governments from requiring masks or proof of vaccination to access municipal buildings or on public transit.

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