The Democracy Fund took on the case of Alec Bialski after he was arrested and charged for not wearing a mask on a WestJet Flight in June 2022.

The 76-year-old has a respiratory illness that qualified him for a mask exemption, and he used a wheelchair to board the flight to Calgary after double hip replacement surgery. Bialski was charged under Canadian Aviation Regulations for not complying with instructions given to him by a crew member - to wear a mask, although he could not due to his medical condition.

LEGAL VICTORY ⚖️

Sleeping senior beats WestJet masking ticket:

Prosecution drops charges against a senior for not wearing a mask after lawyer files Charter application.

Read our official news release here: https://t.co/aIxv5wuTkK pic.twitter.com/W0lt3AaYW2

— The Democracy Fund (@TDF_Can) February 13, 2023

According to The Democracy Fund press release, Monday morning:

Bialski apparently told the flight crew that he had breathing problems, but they nevertheless insisted that he wear a mask when boarding the plane, and they continually monitored him for compliance throughout the flight. At one point, Bialski's mask fell off after he took medication to help him sleep.

Prior to landing, the WestJet flight crew reported Bialski to the Calgary Police, who arrested him as he was exiting the aircraft. Police then marched Bialski across the airport for more than 30 minutes to a holding cell in which he was locked. As Bialski had recently undergone double hip replacement surgery, he pleaded with the police to provide a wheelchair for him during the march. The police allegedly refused this request and did not provide Bialski with any meaningful opportunities to rest

Because the aviation regulation charge was withdrawn by prosecutors, the Charter motion filed in provincial court against the charge was subsequently dropped. In the motion, Bialski claimed that his arrest and treatment in the Calgary airport upon his arrival amounted to "cruel and unusual."

Bialski, 76, claimed that his arrest and forced march across the airport were "cruel and unusual" given his age and medical condition.

— The Democracy Fund (@TDF_Can) February 13, 2023

Lawyer for Bialski, Sean Mihalcheon of Williamson Law, also claimed that his client's right to "life, liberty, and security of the person" was infringed by vague laws and that he was forced to choose between his own personal safety and complying with orders to wear a mask.

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