Law360 Canada (July 8, 2024, 11:27 AM EDT) -- Appeal by appellants from dismissal of their constitutional challenge to an order of Alberta’s Chief Medical Officer of Health (CMOH) ending mandatory masking in schools and to statement of Alberta’s Minister of Education (Minister) restricting school boards’ masking authority. The appellants, disabled children, sought judicial review claiming that the order and the statement infringed rights under the Canadian Charter of Rights and Freedoms (Charter). The chambers judge found the order was unreasonable and the statement had no legal effect but rejected the constitutional claims due to insufficient evidence that the appellants faced increased COVID-19 risks requiring masking. The impugned order and statement were issued in February 2022 and were no longer in effect. The appellants’ submitted that the chambers judge wrongly rejected their Charter claims and that they had standing to challenge the order and statement despite their expiry. The respondent argued that the appeal was moot, and the court should decline to decide abstract constitutional issues. The case raised questions on whether the courts would exercise discretion to hear moot appeals involving alleged Charter breaches....