The Democracy Fund (TDF) said a Crown attorney has dropped charges against Calgary resident Alec Bialski, 76, who was arrested and charged for not wearing a mask on a WestJet flight in June. .The charges were dropped earlier this month after Williamson Law lawyer Sean Mihalcheon filed a Canadian Charter of Rights and Freedoms motion with the Provincial Court of Alberta, according to a Monday press release. .The release said Bialski faced charges under the Canadian Aviation Regulations for not complying with instructions provided to him by a crew member respecting the safety of people on board an aircraft. .The Charter application described Bialski as having a respiratory illness which qualified him for a mask exemption but for which he did not have documentation. He told the flight crew he had breathing problems, but they insisted he wear a mask when boarding the airplane and monitored him for compliance throughout the flight. .At one point, Bialski’s mask fell off after he took medication to help him sleep. .The release went on to say prior to landing, the WestJet flight crew reported him to Calgary police, who arrested him as he was exiting the airplane. It said Calgary police marched him across the airport for more than 30 minutes to a holding cell in which he was locked in. .Since he had recently undergone a double hip replacement surgery, he pleaded with police to provide a wheelchair for him during the march. They allegedly refused this request and did not provide him with any opportunities to rest. .Bialski said his arrest and forced march across the airport were cruel and unusual because of his age and medical condition. He said his right to life, liberty, and security of the person was infringed by vague laws and was forced to choose between his own personal safety and complying with orders to wear a mask. .The release concluded by saying due to the Crown withdrawing the charges, Bialski will not face any punishment. His Charter application will no longer be heard. .TDF submitted a notice of application in the Federal Court of Canada on behalf of several Canadians against the health minister for mandating ArriveCan for international travel in August. .READ MORE: The Democracy Fund files lawsuit against health minister over ArriveCan.The lawsuit alleged the private medical information obtained by the Canadian government through ArriveCan breached the Charter. .Some of TDF’s clients for this case are same households facing cumulative fines.
