CALGARY, Alberta (LifeSiteNews) – A Canadian man who was fined for non-compliance with a COVID mandate on an airplane because he had to take off his mask due to breathing issues has been acquitted of all charges.
In July 2021, Courtney Sailer was hit with a $5,000 fine after being arrested upon landing for violating the Aeronautics Act. He had failed to comply with crew members because he took off his COVID mask during his flight. Sailer, who suffers from asthma and anxiety, was having a tough time breathing.
The Democracy Fund (TDF) helped fund Sailer’s defense against his charges with the help of a lawyer. As noted in a press release last week, “a serious medical emergency in the seat behind” where Sailer was sitting “triggered his anxiety and caused him to feel that he could not get enough oxygen.”
“He did not reapply his mask when instructed to do so by Air Canada flight attendants and was subsequently arrested by police upon arrival in Calgary,” the TDF noted.
However, Alberta Court of Justice Judge Lloyd Robertson ruled that Sailor only took off his mask when the situation was not bearable for him. He said that Sailor had followed the masking mandate before the incident and needed to take off the mask to increase his intake and “prevent the situation from becoming worse.”
Robertson said that Sailer’s removal of the mask might have created a “possibility of harm,” but any risk was mitigated by myriad pre-existing health measures in place at the time and the fact that other passengers were wearing masks.
The judge also said the situation was due to a joint failure of communication. Sailor had told the flight crew of his breathing issues but could have been clearer.
He noted that the flight crew “only communicated the command to re-mask.”
In recent months, other Canadians fined for mask violations during air travel have been successful in having their charges dropped.
Earlier this year, Alberta provincial Crown prosecutors dropped the charges against 76-year-old Alec Bialski, who was arrested and charged after WestJet flight crew members in 2022 reported him to police because his mask was off for a time during the flight.
The Trudeau government had a mandatory COVID-related masking mandate in place for air travel as well in all federal buildings since April 2020, but it was dropped in October 2022.
The mask mandate remained in place despite the fact that numerous studies have shown masking to be ineffective at limiting the spread of the coronavirus, with other studies indicating that prolonged masking is associated with a variety of negative health effects.