Pandemic pressure group calls for change to health rules
Activists who threatened legal action against the Government over its handling of the Covid-19 crisis, and backed a couple who stood trial for flouting mandatory quarantine, are now pushing for a rethink of the island’s public health rules.
However, the Ministry of Health responded to the statement from the Collective Action Solidarity Trust by calling its health protocols during the pandemic “essential” in saving lives and protecting the island’s vulnerable population against a virus linked to hundreds of deaths.
Eugene Dean, head of the group, said Cast had expected Sophia Cannonier and her partner Michael Watson to be found guilty last month in Magistrates’ Court for breaking emergency restrictions imposed during the pandemic.
The couple insisted in court that their antibodies demonstrating natural immunity from contracting the virus excluded them from travel restrictions.
They claimed the protocols were discriminatory against people who chose not to take the vaccine against Covid-19.
In his ruling, magistrate Khamisi Tokunbo, who came back from retirement to deliver the judgment, agreed with the Crown that the natural immunity argument, which did not match anything mentioned in the restrictions, had been “irrelevant” as a defence.
Mr Dean said Cast were calling for legislative reforms that balanced “public health concerns with individual rights”.
He added: “Let me say from the outset that the guilty verdict wasn't a surprise and, in fact, we would have been surprised should they have been found to be innocent.
“This verdict does not diminish the fact that throughout this process we, the Cast, have demonstrated our commitment to advocating for practices deemed to be in the best interest of public health — especially because the emergency circumstances were so exceptional.”
He said the group believed that the lengthy trial’s “unique circumstances” because of Mr Tokunbo’s retirement “may have been challenging to navigate”.
The campaigners claimed the magistrate “chose to err on the side of caution” in finding the couple guilty.
The couple are due to be sentenced next month after the court ordered social inquiry reports.
Mr Dean said that no one disputed the global pandemic was “unprecedented”.
“There was a widespread panic, our world was shut down, and emergency powers were activated,” he said.
“Due to these emergency protocols, rules and regulations, people were forced to co-operate with new health measures that could potentially be more harmful than beneficial, despite their reservations and genuine concerns about protecting the sanctity of their bodies.”
The group said there was likely to be litigation in courts globally over the coming years calling for “a reassessment of our legislative framework to ensure that it aligns with the principles of natural justice and is supported by active citizenship”.
Bermuda declared a state of emergency in April 2020 in response to the global outbreak, under constitutional powers granted to the Governor.
In June 2020, Bermuda’s legislators empowered the Minister of Health to impose regulations under a public health emergency to protect the island.
Kim Wilson, the health minister, emphasised the island’s precarious position because it had limited hospital resources to treat seriously ill patients in the event of a major outbreak.
In this week’s statement, Cast urged “comprehensive legislative reforms that balance public health concerns with individual rights”.
The group said that the existing framework had led to “undue hardships” and “must be addressed urgently”.
It also called for an independent panel to assess the scientific evidence guiding government decision-making.
Cast said it “invites Bermuda to join us in advocating for these essential changes”.
However, the health ministry defended its steps taken during the pandemic to dampen the spread of Covid-19 and reduce severe cases and deaths.
The ministry told The Royal Gazette: “Bermuda’s health legislation is essential for preventing communicable diseases and is the responsibility of the Bermuda Government, similar to most countries worldwide.
“Its purpose is to protect populations and communities from serious health hazards.
“During the Covid-19 pandemic, our robust public health guidelines were essential to reduce virus transmission, prevent healthcare system overload and save lives.”
The statement added: “These measures helped to protect vulnerable populations, mitigate the spread of Covid-19, and decrease the overall number of severe cases and fatalities.
“Any changes to health legislation during the pandemic were necessary to mitigate the spread of Covid-19 in Bermuda.”
• To read the Cast statement, see Related Media
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