COVID-19 Guidelines, or a violation of human rights? Essential workers ticketed in Hamilton

BY TVISHA MISTRY

Imagine this: you’re taking a stroll in your neighbourhood when you see your neighbour. You then decide to stand apart and chat, until a police car shows up and fines you both $880. You may be wondering, what did you do wrong? What was your crime?

Something very similar happened to twelve people in Hamilton. This particular group of individuals were volunteers from Project Phoenix, looking to distribute food and clothing among the homeless. Project Phoenix is an outreach project initiated in August 2020, by Phoenix Scott, a thirteen-year-old girl.

The project is dedicated to redistributing resources amongst those in need. Providing a non-judgement zone, the volunteers welcome all those in need of food, clothing, sleeping bags, and winter essentials. The organization distributes essential supplies to those who have lost their homes and has helped over 300 people.

Yet somehow, this charitable organization’s volunteers were gifted with a fine of $880 on January 18^th, 2021. Just like other times, the volunteers went to outreach in Hamilton. After inquiry, the group decided to set their table in front of the Hamilton City Hall as it was a high traffic area. Just as expected, those who needed the resources being distributed, approached the table, and soon the area was swarmed.

After a while, eight police officers arrived at the scene and fined all the volunteers exempting teenagers $880. The officers did not ask the volunteers what they were there for or why some of them weren’t wearing masks.

According to the Government of Ontario website, “You do not need to wear a face covering if you have a medical condition that inhibits your ability to wear a face covering.” However, the police officers did not concern themselves with asking questions and refused to listen to what the volunteers had to say.

“Whenever you have a lot of police officers present, the homeless people become afraid. It is intimidating to the homeless and they don’t come to eat when they are hungry. I just don’t understand why they felt the need to send eight officers when one would have sufficed,” commented Tara Hillis, a volunteer with Project Phoenix.

Upon arrival, the police officer claimed, “You’re not allowed to leave the house, under the stay-at-home order.” However, it is clearly outlined on the Government of Canada’s webpage that “Workers who support food, shelter, and social services, addictions treatment and outreach, … for economically disadvantaged or otherwise needy individuals” are a part of essential services.”

Nevertheless, the police officer ticketed Project Phoenix volunteers on the basis of the gathering held, during COVID-19. Outreach and social work are considered essential services, and thus the volunteers were clearly in their rights to distribute items to those in need, yet they were fined.

The question we really need to ask authorities here is: should helping others be considered a penalizable offense? In a time when people need all the assistance they can get, is it right to discourage the scarce population offering support?

Regardless of social service being an essential service, the Canadian Charter of Rights and Freedom outlines several basic human rights including the Freedom of Assembly and the Freedom of Association. These rights ensure that all individuals are free to organize, form, and participate in groups, and can gather both privately and publicly.

However, the COVID-19 guidelines restrict both of these freedoms. We have been socially distancing for several months now, and currently, we are in a province-wide lockdown.

The statistics beg to question the effectiveness of the pandemic guidelines. Doctors have questioned the benefits of the COVID-19 restrictions, and there is no conclusive evidence suggesting an improvement in the number of cases. If the protocols enforced are truly ineffective; then a virus is spreading in our society, and it’s not Corona.