Saskatoon city council votes to end proof of vaccination, but continue mandatory masking

As of Monday, you can ditch the proof of vaccination at all City of Saskatoon facilities.

During a special council meeting Tuesday, councillors voted 10-1 — with Coun. Sarina Gersher against — to lift the proof of vaccination requirements in conjunction with the province’s removal of that public health order.

During the question period, Coun. Mairin Loewen asked city administration whether the city and private businesses had the authority to require proof of vaccination even if the provincial mandate had been removed.

City solicitor Cindy Yelland said it would be possible, but they’d be opening themselves up to potential lawsuits.

“The city only implemented proof of vaccination or proof of negative test for the public at civic facilities at the direction of the province. The collection of private health information is intrusive … and should not be done lightly,” Yelland said.

“As a business owner, we could put in place requirements at our own businesses … Of course, that doesn’t mean that we are not susceptible to legal challenge. I think we would be subject to challenge under human rights law, the Charter of Rights, and with respect to the collection of private information,” she added.

An initial recommendation from administration not to require masking on transit was amended to include mandatory masking, even after the public health order is lifted on Feb. 28. It would also apply to all city facilities as well.

Yelland explained the city has required masks in public buildings even when there wasn’t a public health order in effect.

“Because the wearing of masks is much less intrusive than the collection of personal health information, we would have much more ability to withstand legal challenge, if challenged,” she said.

An additional motion added by Coun. Darren Hill and seconded by Coun. Hilary Gough included direction to administration to report back on the resources required to increase enforcement or conflict resolution support on transit, related to the masking rules, and to consider the financial implications as well.

Gersher and Coun. Bev Dubois also requested that masks remain available to transit riders on buses. Both motions passed unanimously.

However, there was concern expressed over driver safety and the potential for altercations.

“This is a very complex issue and there’s opinions all over the place,” said Coun. Randy Donauer. “What I want is to see the maximum amount of protection for our drivers and our riders. And I completely hear and understand the COVID concerns on the buses. I also think there’s other safety concerns on the buses too.

“The province lifting their mandate is going to be troublesome on the buses. I’m actually quite concerned about what’s going to happen on the buses, not just between belligerent riders and our drivers but between a variety of different riders holding a variety of different opinions.”

Coun. David Kirton also supported the mask mandate for transit riders, but asked that a report to council be presented before Feb. 28.

Beginning in March, city administration has been directed to report back every month to the Governance and Priorities Committee with a COVID-19 update. That will include recommendations on whether to continue the face mask requirement.