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HEALTH End of B.C. mask mandates raises human rights concern

by Charlie Smith

B.C. Human Rights Commissioner Kasari Govender’s March 16 letter to Dr. Bonnie Henry opens with a positive salutation.

“ ank you as always for your thoughtful leadership throughout the pandemic,” Govender wrote.

In the third paragraph, however, Govender expresses concern that “the hasty end to the provincial mask mandate will have profoundly unequal effects across society”.

“While many of us have the good fortune to simply move on with life, thousands of British Columbians will be le behind because of their age, disability, or other protected characteristic under B.C.’s Human Rights Code.”

Govender also wrote: “Given the bene ts of the mask mandate for thousands of marginalized people and the minimal impact on those being asked to wear one, the balance at this time favours continuing the mask mandate.”

To reinforce that point, Govender declared that people disliking wearing masks “is not a compelling argument when weighed against the rights of others to life, security of the person, and equal participation in social and economic life”. e human rights commissioner did not explicitly tell Henry that the dropping of mask mandates is illegal under human rights law. Nor did she use the legal phrase “adverse-e ects discrimination”.

Govender also did not raise the issues of COVID-19 being a vascular disease or the e ects of Long COVID on children in the letter. e letter is not binding on Henry, who is the provincial health o cer.

In her letter, the human rights commissioner pointed out that, as Henry has noted, “mask wearing is a simple and effective means for members of our society to protect one another from transmission of the virus”.

Govender also stated that some are more vulnerable than others to the SARS-CoV-2 virus—and “public health policy must consider these disproportionate impacts”.

“In the case of the pandemic, marginalized groups include immuno-compromised people, older people, Indigenous and racialized peoples, people with disabilities, and low-income communities,” Govender wrote.

And without an assurance that those they encounter will be masked in public spaces, Govender contended that “many seniors and people with disabilities will feel they must isolate themselves from society or risk their health”. e letter was copied to Health Minister Adrian Dix and deputy provincial health o cers Dr. Brian Emerson and Dr. Daniele Benh Smith.

Under Section 47.15 of the Human Rights Code, Govender has authority to launch a public inquiry into a matter that would promote or protect human rights. She chose not to do this now. g

Human Rights Commissioner Kasari Govender says mask mandates protect the marginalized.

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