Thread by @ccleighton

This January 9, 2023, QP Briefing report from @jackhauen is probably the most under-reported story of the month:
‘Not always possible’ for top doctor to have final say on his statements, documents reveal. h/t @DFisman
#COVID19Ontario #onpoli
qpbriefing.com/2023/01/09/not…

It tells the story of the decision to end all mask mandates in the province in early June 2022. It was a political decision planned months in advance per the exchanges between the Premier's Office, the Office of the CMOH, the Deputy MOH, and the Communications Team (PO & MOH).

The Office of the CMOH was presented with a statement for review. Communicable disease strategy and orders/rescinding of orders should come from the CMOH per the Health Protection and Promotion Act.

The Communications Team and PO were heavily involved in controlling the language, softening it, and massaging it, all to make a narrative that was palatable to the Premier. The Office of the Premier usurped the powers of the CMOH. They should not have been editing CMOH statements

Zacharjewicz replied, "...I presume Dr. Moore after PO [premier's office] review as well, correct? As per usual process."

"If possible after PO review as well that would be appreciated – I just know that is not always possible," MacDonald wrote back.

This explains the order in which this public health decision was developed including edits and approvals from the Prime Minister's Office. This is in direct conflict with the Health Protection and Promotion Act.

Amendments to the HPPA in 2004 were in response to the tragedies of the SARS outbreak.

"We will have an independent Chief Medical Officer of Health who can act quickly and speak freely on any public health issue without any political interference,"

news.ontario.ca/en/release/922…

"The CMOH will be able to put the health and safety of Ontarians first and can speak to the people directly on any important public health issue."
The amendments to the act - which will take effect once they are given Royal Assent - will increase the independence of the CMOH by

: - Transferring powers from the Minister of Health and Long-Term Care to the CMOH in situations that pose a risk to the health of Ontarians (i.e. potential public health emergencies) - Giving the CMOH the ability to report directly to the legislature and to the public

SARS-CoV-2 is the 3rd leading cause of death in Ontario. The June 2022 decision preferentially considered vulnerable persons in public congregate settings, ensuring masking continued via the LTH Ministry. @ONThealth failed to consider vulnerable persons on transit, or at schools

The act of the preferential consideration of risks to institutionalized Ontarians (masking to continue) while leaving it to a "personal risk assessment" for others, without sound evidence that was a safe approach was negligent if not a frank @OntHumanRights violation.

It's also clear that by repealing the Reopening Ontario Act (RPA), this government & CMOH believe they can forbid any MOH from passing a regional mask order. None have been passed since the spring of 2022.
This is in direct contradiction to Section 22 of the HPPA.

Finally, a November ruling by the Albert Court of King's Bench should be considered. It found the Alberta gov. decision to block school boards from imposing their own mask mandates "was made for improper purposes" and "unreasonable".
calgary.ctvnews.ca/province-overr…

The court agreed with the playoffs that Alberta's CMOH Dr. D. Hinshaw's decision to rescind a masking order in schools was not her own, but rather a decision from the Kenny government.

"I find that, while the Order was issued by the Chief Medical Officer of Health, that order merely implemented a decision of a committee of cabinet, rather than being the Chief Medical Officer's own decision," Justice G.S. Dunlop wrote in the decision.

What are the legal implications for Ontario? Is this relevant case law?
@JacobShelley

plaintiffs = missed the predictive text swap 😱

assuming months - accuracy = change "months" to "well in advance"

@Ont_Ombudsman
What are the repercussions of a government that ignores existing legislation?

To close this 🧵:
School boards continue to have the right to enforce masking policies per the Education Act.
Peer Masking in the same classroom & ventilation/HEPA filtration should be adopted to accommodate #COVID19 vulnerable students & staff, at least.

https://twitter.com/ccleighton/status/1585635662862385152?s=20&t=kAE7te6Mh18F2SrB3vHZHQ

Premier's Office....sorry, waiting for new readers.