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'Embedded in the abstract world': 13 Alberta establishments hit with suspensions, closure orders for flouting COVID-19 rules

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Thirteen establishments across Alberta have received 18 suspensions or closure orders for not complying with the province’s COVID-19 Restrictions Exemption Program must recognize they are “not fighting for a common good,” stresses an Edmonton health law and policy expert.

According to Alberta Health Services’ (AHS) list of enforcement orders, one establishment in the Edmonton Zone, nine in the North Zone, and three in the Calgary Zone have been issued food permit suspensions or closure orders for not screening patrons for proof of vaccination or a negative COVID-19 test within the last 72 hours.

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In the permit suspensions or closure orders, establishments were also offering patrons indoor dining when they should not and in some instances, staff were not wearing masks.

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There have been no enforcement orders in the Central or South zones. 

Those not adhering to the public health orders are likely listening to misinformation on two fronts, said Timothy Caulfield, a University of Alberta professor and Canada research chair in health law and policy.

The first is misinformation about the vaccines themselves, such as they’re not as effective as portrayed, and misinformation about breakthroughs, natural immunity and the risks and side effects.

“All of that, I think, is fuelling this, let’s call it the corporate hesitancy or the hesitancy, of some of these businesses,” Caulfield said.

There’s also misinformation involving the law and rights, with some businesses suggesting they have a right to flout the vaccine passport or that the passport infringes on their rights.

“What’s interesting about that is this rights language has received a lot of attention. I think it’s very seductive, because it makes their position seem righteous and seem brave, that they’re fighting for some higher good,” Caulfield said.

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“I think that’s a really damaging form of misinformation because number one, they’re not fighting for higher good. On the contrary, they’re hurting their community and number two, they’re misrepresenting the nature of the right.”

Being able to change someone’s mind on the issue would be difficult, Caulfield said, but that doesn’t mean education shouldn’t be tried.

“Individuals are jeopardizing their business, their income, in order to support a narrative that isn’t supported by the science or legal norms,” he said. “It demonstrates the degree to which they are embedded in the abstract world.”

Investigations driven by complaints

AHS spokesman Kerry Williamson said in a statement investigations into non-compliance are driven by complaints and education is always the first step.

“It is only when significant risk is identified or continued non-compliance is noted, that AHS resorts to enforcement action,” he said.

AHS and its enforcement partners — which include RCMP and municipal police forces, Alberta Gaming Liquor and Cannabis (AGLC), Alberta Labour, Alberta Justice, and municipalities — use a framework based on escalating measures to support compliance.

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“The type of enforcement action depends on a number of factors including the type of establishment, operation or event, the circumstances, and if there is a history of non-compliance,” Williamson said.

“Continued non-compliance can result in food permit suspension, an Environmental Public Health closure order, litigation or referral/collaboration with other enforcement partners.”

Williamson added that AHS has been working tirelessly for more than 19 months and “the demands on the team have grown significantly.”

As of Oct. 26, the team has responded to and resolved more than 100,000 COVID-19 related complaints and service requests across the province, since the beginning of the pandemic.

“This volume of requests is unprecedented for the Safe Healthy Environments team. In a typical year, the team responds to approximately 10,000 complaints/service requests.”

But Williamson said overall the vast majority of businesses, operators, events and individuals are compliant with public health orders and restrictions.

“Our teams are able to resolve most concerns (about 97 per cent) through an initial conversation or education,” he said.

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“Only a small minority of concerns are escalated to warning letters, Executive Officer Orders or permit suspension. For example, a total of 280 Executive Officer Orders related to COVID-19 have been issued since the pandemic began.”

No win outcome

Marketing experts agree that by not following public health rules, businesses could be impacted negatively.

“There’s no sustainability, isolating and putting your business first before community and your customers, there’s a no win outcome there,” said David Finch, a marketing professor at Mount Royal University.

“There’s some holding true and fast but those places won’t be in business very long because the market’s not large enough to sustain the fringe and this is truly marketing exclusively the fringe.”

Heather Thomson, executive director at the University of Alberta’s School of Retailing echoed Finch’s remarks, adding businesses could lose confidence from patrons.

“As a consumer and you are a patron of a business, you want to make sure that they are following the rules, whether they’re part of the exemption program or not. You feel more confident with the integrity and the quality of that business,” she said.

“So apart from potentially having fines or permits being taken away, you could potentially lose long term business on through the pandemic if your consumer doesn’t value the fact that you didn’t stick to the protocols.”

Caulfield also stressed how those who do not comply are in the minority.

“So often we talk about how polarized the discussion is but the majority of Canadians support these policies and understand why they’re necessary.”

ajunker@postmedia.com

Twitter.com/JunkerAnna

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