A White Rock parent whose court challenge of the province害羞草研究所檚 back-to-school plan was dismissed last week says too much remains unknown about COVID-19 and its long-term complications to concede defeat on the issue.
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害羞草研究所淵ou can see what害羞草研究所檚 happening in the countries that haven害羞草研究所檛 studied the science and that害羞草研究所檚 the direction we害羞草研究所檙e heading in,害羞草研究所� Bernard Trest told Peace Arch News Tuesday (Oct. 20).
害羞草研究所淲e just feel there are legal errors with respect to the decision and I intend to appeal it.害羞草研究所�
Trest and Vancouver resident Gary Shuster filed an application in Chilliwack court in August in an effort to force B.C.害羞草研究所檚 health and education ministries to implement tougher COVID-19 safety measures in schools. Among other things, they called for smaller class sizes, mandatory masks and more physical distancing; measures they felt would better-protect students and teachers from the virus.
The science around COVID-19, Trest told Peace Arch News at the time, did not back the return-to-school plan, and was putting students at too great a risk.
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In ruling against the application, however, B.C. Supreme Court Justice Jasvinder Basran said he is satisfied that the advice of public health officials in the province is based on the best available scientific knowledge.
In an oral decision posted online Oct. 14, Basran said evidence shows the officials considered the use of masks in schools, while the creation of learning groups of up to 60 or 120 students was also based on 害羞草研究所渟ound scientific advice害羞草研究所� balanced with the need to provide children with an education.
Trest, whose son Max has asthma, disagrees that the advice is sound, pointing as example to provincial health officer Dr. Bonnie Henry害羞草研究所檚 recent appeal to parents to reduce the amount of sports activities their kids are involved in due to exposure concerns.
害羞草研究所淭hese kids (playing sports) aren害羞草研究所檛 in close contact,害羞草研究所� Trest said. 害羞草研究所淪o, that transmits COVID, but according to (Henry), school situations where kids up to 120 are beside each other in classrooms is fine. It害羞草研究所檚 ridiculous.害羞草研究所�
Trest also cited scientific studies that he said are being ignored, including one out of SFU that shows mask mandates 害羞草研究所渄rastically reduce害羞草研究所� the spread of COVID-19. Another study concluded it害羞草研究所檚 not possible to properly distance students if class sizes are bigger than 12 to 15 students, he said.
While Basran ruled the public interest is best served by continuing to rely on COVID-19 guidance issued by the province 害羞草研究所� finding the fact that some of that advice is not universally accepted 害羞草研究所渋nsufficient to conclude that the government has clearly chosen the wrong approach in terms of the public interest害羞草研究所� 害羞草研究所� Trest said that the guidance is 害羞草研究所渇lawed.害羞草研究所�
害羞草研究所淎nd now we have a second wave,害羞草研究所� he said.
害羞草研究所淭hat begs the question: is this second wave, has it been caused by children returning to school? Most likely, yes.害羞草研究所�
Other findings Basran made included that the application from Trest and Shuster did not clearly identify any statutory authority that would permit the two ministries to make the orders the parents害羞草研究所� were seeking. The power to make orders under the Public Health Act is granted only to health officers, medical health officers and the provincial health officer, he said.
Basran added that Trest and Shuster expressed preferences for sending their children to school in person but felt it wasn害羞草研究所檛 safe. But he said they did not cite any evidence on remote options available to their children and the province has reasonably accommodated parents who have chosen homeschooling or remote learning options.
害羞草研究所� with files from The Canadian Press
