Herd immunity not a magic cut-off, says epidemiologist

Halifax epidemiologist Kevin Wilson says whatever the number is, it's "not a binary where you either have herd immunity or you don't. It's not a magic cut-off. ...

"It's more of a continuum. The more people you have vaccinated, the harder time the virus is going to have spreading through the population."

He says it makes sense for provinces to shift some effort to second doses as the number of people wanting first doses starts to max out.

"You don't want to run into a scenario where you say you're going to hold off on doing second doses, and then you have all these doses sitting around not being used," he said.

Green Party Leader David Coon believes it's vital to vaccinate 75 per cent of the total population to achieve 'herd immunity.' (Jacques Poitras/CBC)

But provinces should not take their eye off the ball with first doses after 75 per cent, he added.

"Every additional person we can get vaccinated is one person who's very unlikely to end up in the hospital with this, and very unlikely to catch it and transmit it to other people."

Coon: 'essential' to achieve herd immunity

Green Leader David Coon says his understanding is Public Health is aiming to vaccinate 75 per cent of the entire population, not just the eligible population, with two doses by sometime in August.

"To this day, all Public Health has been talking about is herd immunity, so my assumption is that's where they're headed," he said.

He said he disagreed with Higgs that anything beyond 75 per cent of eligible people is "icing on the cake."

"I would say it's essential, absolutely, that we need to get there and achieve herd immunity. It's the only way we know, when we're dealing with infectious diseases, to burn the virus out essentially as a threat in our population." 

Shephard said all New Brunswick decisions on COVID-19 have been made based on the best data available at the time and "we have to say that our record has been pretty darn good." 

Martha Martin says she wants to see more accountability from police, a year after her daughter, Chantel Moore, was shot and killed by an Edmundston Police Force officer. (Radio-Canada/Nicolas Steinbach)

A year after Chantel Moore was shot and killed by a New Brunswick police officer, her mother is still waiting for answers and accountability.

Martha Martin said she still doesn't know how her daughter ended up getting shot at least five times by an Edmundston Police Force officer at her apartment building on June 4, 2020, during what was supposed to be a wellness check.

And she's heard no word on whether that police officer will face charges, or whether the Edmundston police and other forces across New Brunswick and Canada have changed how they conduct wellness checks in the wake of Moore's death.

"A year after... and I feel like 'How does somebody end up losing their life and being fatally taken the way she was?'" said Martin, speaking to Radio-Canada on the eve of the anniversary of her daughter's death.

"She had three shots to the back, two in the chest. Her leg was completely broken at the bottom. What kind of wellness check is this?

"I think for transparency, what are we asking? Do we need to push harder for all our police to be wearing body cameras so they're accountable for their actions? I think that's the biggest part — how do we hold them accountable for their actions and what are they willing to do to be transparent so people will have trust in them again?"

Moore, 26, was shot and killed by police during a wellness check in Edmundston in June 2020. (Chantel Moore/Facebook)

Moore, 26, was fatally shot in the early morning of June 4 during a wellness check. Police say she left her apartment and came at an officer with a knife. The officer then shot her.

An investigation by Quebec's police watchdog agency, the bureau des enquêtes indépendantes, or BEI, was conducted at the request of the RCMP, and a report has been submitted to New Brunswick's public prosecution service to determine if charges are warranted against the officer.

The police officer, whose name is Const. Jeremy Son, according to documents obtained earlier by CBC News, was taken off duty for three weeks before being put back on the job in an administrative role.

Martin said she's disappointed there hasn't been a decision yet on whether to charge the officer, but added she's supposed to meet with officials from New Brunswick's public prosecution service on June 7 on the matter.

"And it's a little nerve-wracking to know what the response is going to be because this is something we've been waiting for," she said.

Martin said she also wants to see a public inquiry into systemic racism in policing in Canada.

Last year, despite pressure from Indigenous leaders, Premier Blaine Higgs refused to hold a public inquiry into systemic racism in New Brunswick's justice system. That followed the shooting death of another Indigenous person, Rodney Levi, at the hands of an RCMP officer.

"I just think it's easier for them to turn a blind eye and say that it [systemic racism in the justice system] is non-existent," Martin said.

Martin said she plans to mark the anniversary of her daughter's death with an event in Fredericton where yellow shirts and dresses will be handed out to attendees to honour Moore and other people who have been killed in interactions with police.

- Henri Mallet, incumbent for Ward 12 in Fredericton

"With under 25 votes, I owed it to the folks that really believed in me," Moser said. "I owed it to them and I owed it to myself."

In the recount Wednesday, Moser gained one vote, putting her 22 votes behind Mallet.

After the results were finalized, Moser conceded Wednesday.

"Now I congratulate him on his win and I look forward to having our new mayor at the helm," Moser said. "I'm here in any capacity if I'm asked to join one of the city committees."

Moser said she owed it to voters and herself to file for a recount with Elections New Brunswick. (Andrew Vaughan / Canadian Press)

In an email to CBC News Thursday morning, Elections New Brunswick spokesperson Paul Harpelle, confirmed Mallet's win. 

Initially, Mallet received 703 votes, with Moser coming in a close second with 680 votes. A third candidate, Kandise Brown, had 446 votes.

Moser said she plans to run again in four years.

Judicial review won't happen

She still has 10 days to go to the Court of Queen's Bench for a judicial review, which would push the swearing-in ceremony back again.

But Moser said she won't ask for a judicial review. 

"I didn't feel like we had to take it any further than that," she said. "The result is what it is at this point."

• 14 recounts requested in New Brunswick municipal elections

Mallet said the past week and a half "has been interesting," but said he understands the delay in council's swearing-in ceremony. 

"It's a process, there are timelines we've got to follow," he said.

Incoming councillors, current council and city staff were notified of the ceremony's postponement by email Wednesday evening.

This means the current council is still in power until a new council is sworn-in.

"It's unfortunate for the 12 others," Mallet said. "But at the end of the day, an extra week doesn't make that much of a difference."

The Canadian Civil Liberties Association has been given the go-ahead to sue New Brunswick over abortion access.

Chief Justice Tracey DeWare of the Court of Queen's Bench decided Tuesday that the association has public-interest standing and is qualified to sue the province.

She also admonished the province for opposing the association's application to have standing.

"The position taken by the province in the face of clear jurisprudence to the contrary was unreasonable," she wrote.

The civil liberties group says New Brunswick is violating both the Canada Health Act and the Charter of Rights and Freedoms by not funding non-hospital abortions. This in turn "limits access to abortion and discriminates against women," non-binary and transgender people, the group says.

During a hearing, lawyers representing the province argued the association should not be granted public-interest standing because health-care funding is a governmental matter, and the courts should not be involved in whether the province is violating federal legislation. 

During the 2020 election, Premier Blaine Higgs said if people think he's contravening the Canada Health Act and not providing adequate access to abortion services, they can sue. (CBC)

In her decision, DeWare said the association's request is identical to the request of Dr. Henry Morgentaler to sue the province over abortion access in 2009, which was approved.

"With all due respect to the position of the province, it is without merit and given the jurisprudence on point, surprising," DeWare wrote.

She also ordered the province to pay $5,000 in costs to the association.

Abortion Medicare coverage

At issue is Regulation 84-20, which governs New Brunswick Medicare funding. A line in the regulation says surgical abortions done outside a hospital cannot be covered by Medicare.

In New Brunswick, a person must travel to Moncton or Bathurst for a Medicare-funded abortion, because the service is offered at three hospitals in the two cities.

DeWare said the issue of whether that's enough access can be addressed in court, and the civil liberties association has enough experience to bring forward the lawsuit.

"The CCLA has a genuine interest in the issue before the court as well as the capacity to adequately prosecute the action," DeWare wrote. "The CCLA is not 'mere busybodies.'"

The province's lawyers also argued this issue should be brought forward by the people directly affected, rather than an organization. DeWare said that because abortion access is at issue, she does not accept this argument.

"It is not reasonable, nor appropriate, to suggest that the only way an issue can be brought before the courts is by a woman seeking an abortion," she wrote.

No plans to appeal, Higgs says

In its submissions, the CCLA cited Premier Blaine Higgs's own words to support why they should be granted public-interest standing. During the 2020 election, Higgs said if people thought there was inadequate access, they can sue the province.

During the public-interest standing hearing, the lawyers for the province argued the courts should not be involved in deciding matters between provincial and federal governments, such as whether the province is contravening the federal Canada Health Act.

Speaking to reporters Tuesday afternoon, Higgs said he does not see any contradiction between his invitation for opponents to sue, and the Crown's arguments in court.

"The position that the crown was taking was based on not whether it could be challenged or not challenged, but who has the right to challenge," he said.

Higgs said he doesn't believe the province will appeal this decision. 

"I haven't had any discussions with the prosecutors in that regard but my own belief would be that we wouldn't [appeal]," he said.