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Islanders challenge fines for not wearing masks on ferry

Three Vancouver Island residents challenging fines for not wearing masks on a B.C. Ferries vessel are scheduled for hearings in September with the federal Transportation Appeal Tribunal. The 8:45 a.m.
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Three passengers are fighting fines imposed for not wearing masks in 2020 on the Queen of Oak Bay. B.C. FERRIES

Three Vancouver Island residents challenging fines for not wearing masks on a B.C. Ferries vessel are scheduled for hearings in September with the federal Transportation Appeal Tribunal.

The 8:45 a.m. sailing of the Queen of Oak Bay from Nanaimo on Oct. 17, 2020, ended with police meeting the vessel when it arrived at Horseshoe Bay. Police were called by B.C. Ferries because of disturbances involving a group of passengers opposed to public health rules aimed at preventing the spread of COVID-19.

Jonathan and Tara Macart, of Qualicum Beach, were each fined $1,950 for failing to obey crew directions to either wear a mask or provide proof of a medical exemption from wearing one, their notice of violation states.

At that time, Canada’s minister of transport imposed rules under the Canada Shipping Act, which required passengers to wear masks as a safety measure during the pandemic announced that year.

People who received fines were given the option of paying or challenging them through the Transportation Appeal Tribunal of Canada.

The Macarts’ review hearing is on Sept. 19. It will be a video conference in front of Patrick Vermette, the chairman and chief executive of the appeal tribunal.

The third Vancouver Island resident challenging a fine is Karla Rothweiler, of Chemainus. She was fined $1,050 for not wearing a mask on the same sailing.

Her hearing is scheduled for Sept. 22, also in a video conference and in front of Vermette.

Rothweiler and the Macarts could not be reached on Thursday.

B.C. has relaxed its COVID-19 safety rules and no longer requires people to wear masks in public spaces.

When the mask mandate was announced, some B.C. Ferries passengers were strongly opposed. At times, B.C. Ferries had RCMP and other officials patrolling vessels to enforce the rules.

A B.C. Ferries official said earlier that about 50 anti-maskers were on the sailing in question and it was believed they were heading to a rally in Vancouver.

During the trip, more than a dozen members of the group got into a heated argument with other passengers, she said.

The notices of violation for the Macarts and Rothweiler made no mention of them being part of any disturbance on the ferry.

cjwilson@timescolonist.com