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Refusing to adjust to flight attendants’ directions to placed on his masks on a Calgary flight didn’t endanger different passengers, the lawyer for a central Alberta man argued Wednesday.
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In consequence, protection lawyer Sean Mihalcheon mentioned, provincial court docket Decide Lloyd Robertson should acquit Courtney Douglas Sailer of a Canadian Aviation Laws cost of failing to adjust to the directions of a crew member.
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However Crown prosecutor Omelia Tedesco-White mentioned Sailer’s actions in refusing to adjust to the directions of two flight attendants had a doubtlessly critical influence on different passengers by exposing them to a lethal airborne virus.
‘The chance is… contracting a lethal virus’
Tedesco-White mentioned measures have been in place on the peak of the COVID-19 pandemic to fight the unfold of the illness, together with a mandate that air passengers put on masks besides when consuming or consuming.
“The premise of the offense is that he didn’t put on a masks throughout a worldwide pandemic,” Tedesco-White mentioned, noting that the coronavirus is “a transmissible and extremely contagious virus.”
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She mentioned the objective of the masks mandate was “to scale back the chance of COVID-19.”
“The chance (to passengers) is contracting a lethal virus,” Tedesco-White advised Robertson.
However Mihalcheon argued Sailer posed no extra danger than some other passenger on board who eliminated their face coverings to eat or drink.
“The directions (of the crew) weren’t associated in any materials method to the protection and safety of the passengers,” the lawyer mentioned.
“COVID has not created a excessive sufficient danger to satisfy that threshold.”
Mihalcheon acknowledged that Sailer was instructed by two flight attendants to place his masks again on after he eliminated it with about 40 minutes left within the flight from Toronto to Calgary.
“The protection concedes that Mr. Sailer didn’t adjust to the directions,” he mentioned.
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“It didn’t have an effect on the rapid security of the passengers on board.”
The person didn’t point out a medical situation or that he had problem respiration, servants testified
Earlier than the attorneys made remaining submissions, the 2 flight attendants have been introduced again to testify through video to answer testimony Sailer, 39, gave in October.
The Lacombe, Alta. resident mentioned he had problem respiration when he eliminated his masks in the course of the July 20, 2021 flight and advised each crew members of his medical emergency.
However Eva Gomes, who initially advised Sailer to cowl up, and Sylvia Schaefer, who gave related directions, each mentioned they weren’t advised he was having hassle respiration or had a medical situation.
“He didn’t inform me of any medical situation,” Schaefer advised Mihalcheon.
“Do you keep in mind Mr. Sailer telling you that he was having hassle respiration?” requested the lawyer.
“No, he did not inform me that.”
Robertson adjourned the case till March 6, permitting him to think about whether or not he had any additional questions for the lawyer.
A date for his determination shall be set at the moment.
KMartin@postmedia.com
On Twitter: @KMartinCourts
