Name and shame sanctions can help enforce pandemic rules as long as they don't go too far, law prof says

The use of public shaming to enforce rules around the COVID-19 pandemic,such as social distancing, is an important way to keep everyone safe, aUniversity of Calgary associate professor of law says.

But, she says, sometimes people are not properly informed or they can go too far and turn the rule reinforcement into a form of online abuse.

Emily Laidlaw says photos are popping up on social media showing people crowded together in parks, stores, and along pathways, obviously violating social distancing rules.

She says calling out that recommendation-breaking behaviour can benecessary to keep everyone safebut she's also seen people launch into online attacks againstbusinesses for staying open when they have every right to.

"It's concerning, when we are looking to ruin the reputations of businesses when we need to take a moment and say, do we have all the facts?Do we actually know what's happening on the ground toknow if they really are complying or not?Or is it just the perception of [wrongdoing]," saidLaidlaw.

Laidlaw saidnaming and shaming sanctions have an important role when there's an absence or inadequate enforcement of laws.

"It's a strangely complicated area right because we actually rely on shame sanctions all the time."

She said, for example, people often "out" companies that treat staff poorlyor have poor environmental records.

But she saidit can become a problem if people are misinformed when they start wagging fingers.

She saidthere's so much information flooding in right now, and it's evolving so quickly, that people can get confused about whichrule applies to which community.

For example, she saidup until Monday, playgrounds were open in Calgarybut closed in Cochrane.

"People are confusing some of the directives from other jurisdictions with our own and then shame you for it."

People were just trying to shame us,basically saying, 'you're selfishstaying open.'- Sean Desaulniers, owner of the Trop

The owner of Trop Bar and Grill saidhe's had a few people try to bash his business on social media for staying open because they lumped him in with bars and nightclubs that have been forced to close their doors during the COVID-19 crisis.

"People were just trying to shame us,basically saying, 'you're selfishstaying open, trying to endanger society,'"said Shaun Desaulniers, owner of theTrop Bar and Grill.

Desaulniers saidthe Trop is a restaurant and bar but is currently operating as a licensed restaurant. He says he's stopped its bar operations, such as live music on the weekends.

• Some bars across Alberta apply for licence change to stay open, while others close their doors

He says he is following the guidelines set out by the Alberta government by allowing a maximum of 50 people inside at any given time including all staff.

"By no means are you walking in there and seeing that we have a lineup of people waiting to get in, there are a few tables here and there."

Plus Desaulnierssaidonly staff who want to workare workingand protocols are in place to try to keep everyone safe.

Laidlaw saidit's important for people to take a few moments to think before they publicly shame an individual or a business to think about the repercussions, and whether the punishment fits the crime.

"We just need to calm down with the disproportionate 'take him out' mentality that that we're seeing right now online that's not helping anybody," said Laidlaw.

Shamed someone, or been shamed?

CBCNews talked to a few Calgarians about whether they've shamed anyone, or been shamed into proper pandemic behaviour.

"I've caught myself looking at people if they cough or sneeze," said Reynold Reimer.

"I work in retail so when someone comes in, they have a sick child it's kind of a little bit different. Before it would be like, 'oh, your child is sick,' now it's just like, 'can you distance yourself from me,'" said Lyza Arneson.

Others tell CBCNews they appreciate the increased monitoring, as long as it's done respectfully.

"As long as it's kind and it's gentle and it's all for everyone's benefit, yeah I don't mind," said Carla Moore.

"Well, tattle telling is OK, you see what's happening on the beaches in Florida it's ridiculous," said Vladin Simin, referring to photos that circulated online showing crowds flocking to the beaches in warm weather.

Context matters

Laidlaw saidit's also important to know thecontext.

She saidshe was recently shopping at a local grocery store, and did her best to try to keep her distance from others especially the elderly but she saidit was nearly impossible to stay the recommended two metresapart from the other shoppers when picking out vegetables.

So, she said someone could have snapped a photo right then and accused everyone of flagrantly disobeying social distancing rules but she saidthat would have been incorrect.

"We need people to enforce things but we need a certain amount of forgiveness and civility and understanding in doing so."

She believes while everyone is trying their best in a very fluid situation, it'simportant to remember, tone and civility matterwhen navigating these difficult times.