Thread by @GrantRants

A few other things worth noting here about the @610CKTB by Matt Holmes with Niagara Falls mayor @jimdiodati worth further fact checking. (fact check thread)

https://twitter.com/GrantRants/status/1328463870009204743

During the interview @jimdiodati claims there are "conflicting" orders between @mustafahirji from @NRPublicHealth and the provincial government's orange alert restrictions.
This is false.

As we reported in @StCatStandard, Hirji's order didn't impact occupancy numbers for restaurants/bars set by the now-previous version of the province's code yellow. What it did was require patrons to confirm they were eating with their immediate house hold or essential contacts.

The limit of six per table was an existing PROVINCIAL order at the time. Hirji's order would, presumably, limit the numbers of overlapping social circles dining out, but the limits were by provincial order.

At the time Hirji made the order, Niagara was at yellow alert, with rising #COVID19 infections, often in restaurants among groups of 20-somethings. Although the data suggested Niagara could move into code orange, the province made no noises that would happen, BUT...

Thanks to reporting by @TorontoStar, the province revised and lowered its #COVID19 thresholds which, the day before Hirji's order was to become active, pushed Niagara into orange alert, which reduced the occupancy and table numbers for restaurants and bars.

As we reported the Niagara Dailies, including @NiaFallsReview, parts of Hirji's orders were overridden by orange alert. Namely, the number of people allowed in a restaurant/bar (it is now 50) and max number of people at a table (now down to 4).

The core element of Hirji's @NRPublicHealth order, however, remains intact: The requirement for patrons to confirm they are dining with their immediate household or (up to two) essential contacts. (caregiver, partner of someone who lives alone, etc.)

We reported all of this. It was never, as @jimdiodati suggested, Hirji saying one thing and the province saying another. Hirji's order worked within existing provincial orders, which then changed, so parts of Hirji's order no longer apply. But they were never conflicting.

Moreover, during the interview with Matt Holmes, @jimdiodati falsely describes @mustafahirji's order as a "recommendation" that is "not a bylaw, it's not the law, it is not enforceable."
This is entirely incorrect on every score.

Medical officers of health are given the power to make orders to limit the spread of a communicable disease like #COVID19 under the provincial Health Protection and Promotion Act. This is a provincial statue. It is the law of the land.

Under the powers of the act, MOHs have fairly wide latitude to make specific orders. We have seen this recently in several other regions in Ontario where MOHs enforced stricter measures than the province to try and fight #COVID19.

Until now, @mustafahirji was unwilling to use his powers under the act. For instance, he would not use this power to enforce mask-wearing, leaving that decision to the politicians. But given what the data shows about where/how the virus spreads, he invoked his powers.

Again, we reported all of this in @StCatStandard. Orders made under section 22 of the act (the section that applies here) are not recommendations. They are binding orders. An MOH does not need political approval any more than a police chief needs approval for operational matters

What's more, violation of a sec. 22 order can come with a hefty fine: up to $25,000 a day, although that has to be decided by a judge, not by the health department. The point is a sec. 22 is entirely enforceable under the act which, again, is the law.

The rapid-fire changes of the last week left a lot of people on their heels, trying to sort out what is going on. That is why we devoted most of our news pages Friday and Saturday to rules, how they work and what they mean. Including this primer:

stcatharinesstandard.ca/news/niagara-r…

The Health Protection and Promotion Act has been on the books, again as a law, for years. Not common knowledge to the general public, perhaps, but should be to municipal leaders.

This entire affair demonstrates again, I submit, why we work so hard to bring you reliable, accurate information about the #COVID19 pandemic, because its information you need to know. It affects you, your family and your job.

Fact-checking political leaders like Mayor Diodati, when they misrepresent the facts, is an important part of that reporting. This issue is coming up again at @NiagaraRegion council Wednesday, and it will be interesting to see how many councillors understand the laws involved.

In summary: the @NRPublicHealth order requiring restaurants/bars to confirm who patrons are eating with stands. The province set the occupancy and table company limits.

Watch for more coverage in @StCatStandard through the week.

Be safe, be smart, and be kind.

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