Masking bylaw remains uncertain
Regional council deeply split on measure to fight COVID-19
To mask or not to mask is a question Niagara’s regional council will take up again in two weeks’ time, but its regional chair says there is no guarantee a mandatory face-covering bylaw will find enough political support.
Niagara Region Chair Jim Bradley — who broke a tie vote at council Wednesday night that kicked a decision on the bylaw to the next council meeting — said support for a mandatory masking bylaw to fight the spread of COVID-19 is far from unanimous.
“Some of the people in the more sparsely populated areas of the region felt the bylaw might not be as applicable,” said Bradley in a Thursday interview with the St. Catharines Standard. “You also have a difference of opinion between the two largest cities. In St. Catharines, Mayor Sendzik is in favour of the bylaw. In Niagara Falls, Mayor Diodati is opposed to the bylaw.”
Council had a proposed bylaw to vote on Wednesday. But after more than four and half hours of debate, Lincoln Coun. Rob Foster moved the issue be deferred to the next meeting on July 23.
Sendzik said he wanted to pass the bylaw but then amend it in two weeks’ time with language found in a similar bylaw from Mississauga, which he said provided more assistance to local businesses.
Foster took that to mean Sendzik was not satisfied with the proposed bylaw before them.
“When Mayor Sendzik said he wasn’t happy with the bylaw, that concerned me, so I thought it was best to vote on this when the bylaw is finished,” he said.
The vote to defer was tied, 15 to 15, leaving Bradley in the rare position of having to cast the final vote.
“The special meeting dealt with the issue on principle,” Bradley said. “The next council meeting will deal with the details and a final product.”
Bradley believes the bylaw will pass, but it is not clear if there is enough support for it, or if the opponents of the bylaw will take the next 14 days to rally support to their position.
“I certainly hope that is not the case,” said Foster, who supports the bylaw. “Everyone had a chance to clearly state their views. I hope the next meeting we can pass it and move forward.”
Not every councillor is waiting for the Region to join a growing
number of Ontario municipalities, including Toronto, Guelph and Ottawa, in passing a bylaw.
On Thursday, Niagara-onthe-Lake Lord Mayor Betty Disero posted a video to YouTube saying that due to the Region’s “failure to act,” she has asked town staff to draft a bylaw, which will be debated at the next town council meeting.
St. Catharines city council has asked city staff to draft a bylaw which it will debate on Monday, and Niagara Falls is set to debate the issue — albeit with no draft bylaw — on Tuesday.
“Nothing should have been deferred,” said Sendzik. “We should have decided last night and my question was, can it be amended moving forward so that we can continue to strengthen it? That was it.”
Fort Erie Mayor Wayne Redekop also said the issue did not need to be deferred and if the Region is unwilling to act, he expects a town councillor will bring forward a motion for Fort Erie to have its own bylaw.
Redekop and Sendzik both said a masking bylaw will benefit Niagara businesses by taking the decision off their shoulders and make it a regional rule.
“If we want to get people out and about, and in our businesses and getting back to something that resembles normal, then it is something that we need to do,” said Redekop.
Diodati said he opposes a mask order for several reasons, including concerns with the ability to effectively enforce such a measure and Niagara’s low case count.
Redekop said enforcement is something of a red herring.
Many bylaws present enforcement issues, he said, which is why most enforcement is done on a complaint-based system. The goal he said, is to gain compliance, so education is a primary part of what bylaw enforcement does.
In the line of fire during the marathon meeting was Niagara’s acting medical officer of health, Dr. Mustafa Hirji, who has said masks are a useful second line of defence against COVID-19. However, he has not recommended a bylaw, saying it is a political decision.
Had Hirji made a direct recommendation, Redekop said it would be easier to win council support.
With files from Karena Walter and Ray Spitiri
Grant LaFleche is a St. Catharinesbased investigative reporter with the Standard. Reach him via email: grant.lafleche@niagaradailies.com