Bill Kelly: Is refusing to wear a mask protected by the Charter?

The town of Aylmer, Ont., has become the latest battleground in the ongoing mask-or-no-mask debate due to the COVID-19 pandemic.

Mayor Mary French has declared a state of emergency in her town due to threats made against her and the possibility of escalating confrontation this weekend.

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There is concern that tempers could flare when anti-maskers and pro-maskers both stage demonstrations in Aylmer this weekend.

The anti-maskers claim that the bylaw infringes on their Charter right to decide to not wear a mask — but does it?

Joanna Baron, executive director of the Canadian Constitution Foundation, a non-profit group that argues Charter cases in court, isn’t so sure.

“Given the circumstances of the pandemic and the importance of the objective of curbing the spread of COVID-19, a mere preference not to wear a mask likely is not protected under the Charter,” Baron told the CBC.

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That jives with other legal opinions which indicate that a person’s individual rights stop when they collide with the greater good to the community. And stopping the spread of the virus is in the best interest of the greater community.

Of course, the right to refuse a mandatory mask order hasn’t been tested in court yet, but if and when municipalities start enforcing this bylaw, that legal debate will happen sooner than later.

In the meantime, the law is the law. Wear a mask and stop the spread.

Bill Kelly is the host of the Bill Kelly Show on Global News Radio 900 CHML.

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