The original photo shows Premier Jason Kenney, Justice Minister Kaycee Madu and Municipal Affairs Minister Tracy Allard sitting around a board table without face masks.

Dr. Deena Hinshaw, Alberta’s chief medical officer of health, and Vieri Berretti, one of the meeting’s organizers, are also seated around the table — both are wearing masks.

Hinshaw was asked about the event at her daily news conference Thursday. However, she didn’t answer whether she asked everyone at the meeting to wear a mask. 

Albertans must wear masks while in indoor public places or workplaces, Hinshaw said, unless a series of exemptions or conditions are met.

“That rule [the exception to wearing a face covering in indoor work places] was set to facilitate people temporarily removing a mask perhaps when they are speaking, making sure they are distanced from all others.”

She said she prefers to wear her mask in those settings.

A spokesperson for the premier said Kenney and the two ministers were actively speaking during the virtual townhall meeting with community groups.

“Masks were removed while speaking, just as is done during a press conference,” said the spokesperson in an email. “All participants were properly spaced, as per guidelines.”

The original photo shared by Madu appears to show everyone seated much closer together.

A statement from Madu’s press secretary was the same as the one from the premier’s office. Minister Allard’s office has not responded. 

The photo sparked outrage on social media with nearly 300 comments, many critical of the three for not wearing face coverings.

At least two formal complaints have been filed with Alberta Health Services, alleging the gathering is a violation under the Public Health Act and the orders issued by Dr. Hinshaw on Dec. 8. 

One of the complaints was filed by associate professor Anna-Maria Hubert at the University of Calgary’s faculty of law. She declined a request for an interview; however, she tweeted “complaint submitted” with a screen shot of the link to file complaints with Alberta Health Services.

The other complaint was filed by an Edmonton woman who said people have to stand up to the government for not following through on its own rules. 

The CBC has agreed not to use her name because she fears repercussions for her husband, who is a senior manager with the government.

“I believe also that this government should be leading by example,” she said.

There were several angry reactions to the picture.

A public health order issued by Hinshaw requires mandatory mask use in indoor workplaces. It applies to all employees and includes any location where employees are present in-person. An employee would be exempt if they are working alone in an office, in a safely distanced cubicle or if a barrier is in place.

Associate professor Lorian Hardcastle, also in the faculty of law at the University of Calgary, says the second government photo shows more spacing between Kenney and Madu; however, the issue relates to how the chief medical officer of health defines individual work spaces.

“But I think under any reasonable interpretation of the public health orders, a workstation is its own sort of singular place where one person sits, like a cubicle or like a desk, and not a table,” she said.

“The public health order doesn’t define that word ‘workstation,’ it merely says that this masking requirement doesn’t apply to people who are alone at workstations and separated by at least two metres.

Minister’s choice: ‘Problematic’

Rachel Notley, the leader of the NDP and the Official Opposition, said she can’t speak to the distancing between the premier and his minister because of the different camera angles. However, she questions the justice minister’s decision to tweet the photo.

“For the justice minister to post that picture is problematic because we are asking Albertans to make a lot of sacrifices, and so this government needs to show that they are doing that as well,” she said.

“I would urge them to change the kinds of pictures they are posting to show leadership on the issue, and, of course, I would once again urge all Albertans to follow the rules and wear masks where required.”

Mount Royal University political scientist Duane Bratt agrees the justice minister’s decision to post the photo was ill-advised.

“It’s not a gotcha moment. It was sent out by the Government of Alberta,” he said.

“You see ministers, including the premier, not wearing a mask, but then you also see Deena Hinshaw wearing a mask. Does she just not feel comfortable telling the other people to wear a mask?”

“The fact that the government sent it out itself, not realizing it, that’s just as problematic as them not wearing a mask to begin with.”

Bryan Labby is an enterprise reporter with CBC Calgary. If you have a good story idea or tip, you can reach him at [email protected] or on Twitter at @CBCBryan.