The medical officer of health in Chatham-Kent says the reduction in the limit on social gatherings in private homes from 25 to 10 stands and has revised his order to show the authority he has under the law.
Dr. David Colby said under Section 22 of the Health Protection and Promotion Act, a medical officer of health may impose broader COVID-19 restrictions and issue orders requiring persons to take action to protect themselves from a communicable disease.
Colby said COVID-19 continues to be present in the municipality and therefore poses a risk to the health of its residents through "community transmission."
"Given the burden of COVID-19 on the area served by Chatham-Kent Public Unit, I believe that certain additional restrictions, including limiting the size of social gatherings are necessary to control the spread of COVID-19," he said.
A Chatham lawyer is challenging Colby's authority to order capacity limits on private homes, claiming the order failed to lay out an immediate threat and didn't get approval from the Board of Health.
Colby said the new order isn't meant to punish anybody and doesn't target the unvaccinated or vice versa, adding the main drivers of cases in the municipality currently are household exposures and private gatherings. He added daily case records are being set in Chatham-Kent and the Ontario Science Table is recommending these new restrictions to contain the virus.
On Tuesday night, Colby's home was targeted by protesters who served him with what they claim are liability papers, but Colby said the documents were not legal.
Colby noted he was more worried about the disturbance caused for his neighbours than anything else and added he doesn't fear for his safety at this point. He considered the protest more non-violent than peaceful and won't take any legal action against the protesters.
The doctor said nobody wants these restrictions around the holidays, adding he didn't make the decision lightly.
"I feel like The Grinch, but the Grinch had a heart too. Of course it's difficult, but if it has to be done, I won't hesitate for a second," said an emotional Colby. "I certainly did not say and have not said to anyone in Chatham-Kent that you can't have a holiday celebration. There's science and mathematics behind the 10 person limit as opposed to the 25 person limit."
Colby said lower capacity limits have been imposed before and they were very effective in lowering the case count. He also admitted the new restrictions will be difficult to enforce and are reliant on voluntary compliance.
Meanwhile, the municipality is expressing its support of the public safety measures put in place by the local public health unit, including the new restrictions that will go into effect on Friday.
Chief Administrative Officer Don Shropshire said the municipality stands with Chatham-Kent Public Health and applauds its efforts to halt the spread of the COVID-19 virus within the community and protect the health care system.
Shropshire said the municipality is also cancelling all of its indoor holiday staff parties and other indoor holiday events and proceedings to follow the "expert guidance" provided by Dr. Colby.
“There are ways to gather and celebrate safely this holiday season,” said Shropshire. “Given the recent increase in the number of COVID-19 cases, some adjustments have to be made to limit the risk of further spread and causing additional strain on our healthcare systems.”
Public health staff have also been mistreated by a small group of residents who don't agree with the restrictions, according to the municipality. Mayor Darrin Canniff is denouncing that behaviour.
“It has been a long and difficult couple of years for all Chatham-Kent residents,” said Canniff. “Our local health unit staff are at unprecedented levels of exhaustion, fatigue, and frustration. They too have experienced the toll that COVID-19 has played in their lives, both professionally and personally. While many residents are having to modify their holiday parties and gatherings, many health unit staff will again be absent at dinners with their own families this holiday.”
The Chatham-Kent Board of Health is also standing behind the health unit and urges members of the public to re-evaluate where they are focusing their energy.
“Bullying, harassment, and disrespectful behaviour directed to the very people working to protect our community is unconscionable,” said Board Chair Joe Faas. “We need to fight this pandemic virus, not the people dedicated to helping us do so.”
Colby said he's also been getting support from other medical officers of health around the province, Ontario's Chief Medical Officer of Health, and local residents for ordering the new rules, adding it far outweighs the criticism.
