Halloween in the time of a coronavirus pandemic

By Tony Poland, LegalMatters Staff • This Halloween marks the return of trick-or-treating and parties at bars and homes, so it is a good time to put safety first, especially when it comes to COVID social distancing protocols, says Barrie-area litigator Steve Rastin.

Rastin, senior counsel at Rastin Gluckstein, says it has been two years since Halloween goers have been allowed to knock on neighbourhood doors in Ontario, so expect many excited children on the streets who may not be as attentive as they should.

“Drivers should be mindful of the fact that young people are going to be out there, and many haven’t been trick-or-treating for a long time,” he tells LegalMattersCanada.ca.

Extra caution needed on Halloween night

“Many have been going stir-crazy because of lockdowns, and so extra caution is needed on the roads on Halloween night. 

“We saw driving numbers drop during the pandemic, and many people have gotten out of the practice of driving or walking in heavier traffic. Generally, it’s just a matter of using good judgment.”

Rastin advises motorists to keep an eye out for trick-or-treaters walking on roadways, medians, and curbs. Children can dash out from between parked cars, so it is important to slow down and stay alert, he says. Be cautious when entering and exiting driveways or making turns. Better still, don’t drive if it is not necessary.

The Canadian Red Cross offers parents some common-sense tips to keep children safe that include:

• wearing costumes that are light-coloured and flame resistant with reflective strips, so children are more easily seen;
• costumes should be short enough, so children don’t trip over them;
• go along one side of the street first and then the other, crossing the street at intersections or crosswalks. Supervise small children crossing the road;
• look both ways before crossing the street to check for oncoming vehicles;
• carry a flashlight; and
• visit homes that have the porch light on.

Incorporate face coverings into costumes

Health officials are also advising parents to incorporate COVID-protective face coverings or masks into their child’s costumes and keep costume masks at home. They also say a costume mask should not be worn over a face-covering because it could restrict breathing.

Ontario’s Chief Medical Officer of Health, Dr. Kieran Moore, repeated his Thanksgiving message that people should avoid large gatherings, with attendance not exceeding the Step 3 limit of 25 people indoors and 100 people outdoors.

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“It bears repeating: If you are sick, even with mild symptoms, you should not be participating in social events like Halloween,” he told CP24 News. “We know from experience it is exactly these kinds of events that can lead to spikes in transmission. But provided we do our best to follow the guidelines in place, we can enjoy some well-deserved time with friends and family while also keeping our community transmission low.”

Transmission of the virus should still be a concern, even for people who have been double vaccinated, Rastin says.

“Some people seem to think that being fully vaccinated is a magic bullet,” he says. “But it is still possible to catch and spread the virus, especially if you are in a large setting where you have no idea if someone is infected.”

This Halloween will be unique

Halloween presents a unique situation, Rastin says.

“We are having an event where we’re taking the largest cohort of unvaccinated people left in our society, and we have them knocking on people’s doors,” he says. 

He says children should avoid crowding around a door and remember social distancing rules.

Rastin points out that many adults will also be looking to blow off steam after more than 18 months of restrictions.

“This is one of the first opportunities we have had to celebrate with a party since the start of COVID,” he says. “We didn’t have Canada Day events this year. There might be a push to get out there because the good weather is fading away. People are going to want to get their large parties in.”

The danger, Rastin says, is if big gatherings are held indoors, and people are flouting pandemic rules, it could lead to a spread in infections.

“I understand that we need to return to some level of normalcy,” he says, “But if we’re not careful, we might look back at this as a time when there was a spike with respect to cases.”

Party hosts face new challenges this year

Halloween hosts should ensure that guests are not driving home impaired, Rastin says. But what happens to the host if a party guest becomes seriously ill with COVID is still up in the air.

“If your party presents a COVID risk with your guests, that may be another interesting area of possible litigation,” he says.

Rastin says staying safe is a matter of common sense.

“For the good of society, we need things like trick-or-treating. We have seen the stress it puts on the population when we are locked down. We must start living our lives again,” he says. “But let’s follow the rules. Don’t have giant indoor house parties. Be mindful of the factors that can push the numbers up again.

“If you are immunocompromised, be careful when children come to your door. Wear a mask because trick-or-treaters might not,” Rastin adds. “Finally, driver safety needs to be emphasized if you are out on the roads. When we’re out of practice, we can make mistakes.”

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