MUN doctor tells court province had to act quickly to prevent COVID-19 spread
Claim alleges restrictions violate the charter, fall out of province's jurisdiction
An expert witness testifying at a court challenge of Newfoundland and Labrador's COVID-19 travel ban said Wednesday that officials had to act quickly and without clear information about a new disease and its potential impacts when it
enacted the measure last May.
Dr. Brenda Wilson, a public health physician and professor in Memorial University of Newfoundland's faculty of medicine, testified Wednesday about a report government lawyers asked her to prepare on public health decision-making.
She testified that the lack of evidence around COVID-19 presented an extreme, "potentially catastrophic" situation for public health decision-makers working with little evidence.
"Even now, we have insufficient evidence," Wilson said.
"In my opinion, this was a situation which was so serious and
potentially catastrophic … when there is no direct evidence and it's going to take time to get that evidence."
The Canadian Civil Liberties Association filed a claim along with Halifax resident Kim Taylor in May that alleges the restrictions violate the charter and fall outside the province's jurisdiction.
The special measures order from the province's chief medical officer of health in May banned anyone but permanent residents and asymptomatic essential workers from entering the province.
Exemption too late for Halifax traveller
The province has defended the measure as being necessary to minimize the spread of COVID-19.
Taylor was denied the opportunity to travel to Newfoundland after her mother died.
While that decision was later reversed and she was granted an exemption by provincial officials, Taylor said it came too late.
Wilson told the court that while data about the disease is plentiful, there is not yet a wealth of informative evidence that
interprets the meaning of the data and gives insight into questions of cause-and-effect that public health departments are grappling with.
A number of public health experts and officials, including Dr. Janice Fitzgerald, the province's chief medical officer of health, are set to testify during the proceedings, which are scheduled through Friday.
Civil rights group granted right to participate
Earlier Wednesday, a provincial Supreme Court judge granted the civil rights group the right to participate in the legal challenge, but limited that standing to make arguments about the ban itself and not about enforcement measures granted to authorities.
In his ruling, Justice Donald Burrage denied the association the right to make arguments against the province's Public Health Protection and Promotion Act.
Also adopted in May, the changes allow peace officers to detain and transport people to exit points in the province and expands their search powers.
A lawyer for the province had argued Tuesday that there is no evidence related to the enforcement powers because they have not been applied to anyone, including Taylor.
The association's lawyer, however, had argued the measures are unconstitutional on their face.
