If you see someone not wearing a mask, assume they have a good reason for it.
That’s what St. Albert mother Amanda Bourque wants people to keep in mind when it comes to her nine-year-old daughter, Haley.
Haley is hearing impaired, so lip reading and clear dictation can be instrumental in helping her understand what people are saying, Amanda said.
“She doesn't like wearing a mask too much and she says that it's really muffled when people are trying to communicate with her, so it's twice as hard,” she said.
“She's very rule-conscious, and up until now, it's been wash your hands and sanitize, and she's good with all that. But the masks are what make it harder for her."
Under the City of St. Albert’s bylaw, Haley is exempt from wearing a mask. But she wears one anyway because she’s worried about public scrutiny if she doesn’t, Amanda said. Face shields also aren't an option for her to use instead of masks, she said. The U.S. Centers for Disease Control and Prevention does not recommend the use of face shields alone, as respiratory droplets would be more likely to escape.
Most people are uncomfortable with confrontation, nevermind children. And if someone asks her to put a mask on, Haley may not be able to hear them.
“She has been talked down to for not wearing it because you don't notice she has hearing aids until she really pulls her hair back,” Amanda explained, adding she has no problems going ‘mama bear’ on public enforcers.
The bylaw states no one, including employees and fellow customers, can intimidate or harass anyone who is exempt from wearing a mask – a rule championed by Coun. Sheena Hughes, who brought it forward as an amendment when councillors were debating the bylaw on Aug. 4. Anyone found guilty of violating this rule could get a $100 ticket and/or deal with the issue in court.
"If someone is in your face and attacking you, whether it's a criminal offence or not, it's extremely disturbing. And I don't want people who can't wear masks to feel like they have to stay home because they're afraid when they go out," Hughes said.
"This is just a statement to make it clear to the public that you have to treat both sides with respect."
But Amanda said she believes more people in St. Albert need to be aware of the exemptions within the bylaw and the harassment provision to respect those who aren’t required to put a mask on.
“I don't think enough people know what is the allowable exemptions and what's not. Even with our statute, you can say I’m exempt and you don't have to give a reason why. So it’s a loophole from hell right there,” she said.
Aaron Giesbrecht, manager of policing services, said peace officers are there to determine whether someone is in violation of the bylaw or not.
Peace officers haven't had any reports of harassment that have led to investigations yet, he said, but there have been a few discussions between patrons inside some city facilities around masks, which were de-escalated by city staff.
But if someone decides to take matters into their own hands, they could be fined $100 dollars if found guilty of harassment or intimidation. The peace officer could also send the individual to court, where a judge will decide whether to impose a fine of up to $10,000 and/or up to a year of jail time.
"(The provision) is a good reminder and education tool for the community to understand that some people may be exempt," Giesbrecht said.
That harassment section in the bylaw provides some regulation around verbal, written or repeated conduct that is meant to disturb or make the person not wearing the mask feel unwelcome or ashamed. If anything more serious happens, then RCMP would get involved, he said.
"The most important thing to do is to call the police and 911 if necessary so that the police can respond to deal with it. If it's something that occurred at a fairly low level, where they're feeling afterwards that they were harassed for not wearing a mask, then they can call our municipal enforcement number if they want one of our officers to investigate that further."
Documentation of the incident, like the person's identity or a detailed description, will be key for peace officers to pursue an investigation, he said. Otherwise, it could be challenging for officers to get involved.
"In some cases, people may know (the harasser) – sometimes they may not know. The actions that the peace officer will take will (be determined based) on what information the resident is able to provide, and what evidence they may have."
Anyone needing to get in touch with municipal enforcement can call the 24/7 complaint line at 780-458-7700 or the general inquiry line at 780-418-6643. They can also send an email online.
