A White Rock dad who spoke out last month about concerns with the province害羞草研究所檚 back-to-school plan is now one of two fathers taking the government to court over the matter.

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Bernard Trest said Wednesday (Aug. 26) that the B.C. Supreme Court claim was filed on behalf of himself and Gary Shuster in Chilliwack that morning 害羞草研究所� and that the legal action shouldn害羞草研究所檛 come as a surprise to the leaders of B.C.害羞草研究所檚 health and education ministries.

害羞草研究所淭hey must害羞草研究所檝e known this was going to happen,害羞草研究所� Trest told Peace Arch News.

害羞草研究所淭here害羞草研究所檚 no way you can introduce a plan this ridiculous and this dangerous and not know that someone is going to file a lawsuit against you and try to stop it.害羞草研究所�

Ministry of Education officials on July 29 announced B.C.害羞草研究所檚 plan for a return to school in September, noting much of the plan will be up to individual school districts.

Under provincial health officer Dr. Bonnie Henry害羞草研究所檚 guidelines, schools are to open with cohorts of up to 120 at the secondary level and 60 for elementary students. Face masks will be required for students and staff in middle and high school while in high-traffic areas, such as on buses and in hallways, but will be optional for elementary students.

In Surrey, the model put forward includes cohorts Supt. Jordan Tinney has described as 害羞草研究所渕uch smaller.害羞草研究所�

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According to Trest and Shuster害羞草研究所檚 notice of application, reopening without stronger risk-mitigation measures 害羞草研究所� including smaller class sizes, mandatory masking and physical distancing within groups 害羞草研究所� to protect students and teachers against COVID-19 is 害羞草研究所渦nconscionable,害羞草研究所� and they want the court to block the step from proceeding until such measures are in place.

害羞草研究所淪chool boards don害羞草研究所檛 know how to handle this plan,害羞草研究所� Trest said. 害羞草研究所淭here害羞草研究所檚 really no plan in place.害羞草研究所�

Trest 害羞草研究所� who started a Facebook page with his 10-year-old son Max last month to rally others with similar concerns 害羞草研究所� told PAN at that time that the science around COVID-19 does not back the return-to-school plan, and puts students at too great a risk.

Wednesday, he said that data released in the past month has only strengthened that position.

害羞草研究所淪ince we害羞草研究所檝e spoken害羞草研究所� there害羞草研究所檚 much more evidence, there害羞草研究所檚 much more science, and the government, they害羞草研究所檙e refusing to acknowledge it,害羞草研究所� Trest said.

害羞草研究所淭here害羞草研究所檚 not a single one individual that害羞草研究所檚 said this plan is a good idea. Even (Prime Minister) Justin Trudeau害羞草研究所� he害羞草研究所檚 questioning whether he害羞草研究所檚 going to send his kids to school.害羞草研究所�

Six people, including Trest and Shuster, have filed affidavits in support of the court application.

Attorney Kailin Che of Early Sullivan Wright Gizer & McRae cited Trest害羞草研究所檚 害羞草研究所渨idely shared害羞草研究所� concerns for his son and the community in explaining why her firm took on the case.

害羞草研究所淓veryone in BC has an interest in seeing the province safe and healthy,害羞草研究所� Che told PAN by email.

害羞草研究所淲e cannot reopen the economy and schools with insufficient measures in place. We cannot do nothing, and expect things to be okay. The old adage better safe than sorry rings more true during these exceptional times more than ever. It costs very little for the government to take the recommended precautions to keep schools safe.害羞草研究所�

She noted that Early Sullivan Wright Gizer & McRae is also representing a B.C. doctor in a case filed a few weeks prior 害羞草研究所渄ealing with similar concerns but on a broader level (not exclusive to schools).害羞草研究所�

Wednesday morning, Trudeau announced a $2 billion 害羞草研究所楽afe Return to Class害羞草研究所� fund, 害羞草研究所渢o help keep students and teachers safe as schools reopen.害羞草研究所�

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He described it as flexible funding that can be used for anything from hand sanitizer to remote-learning options, but exactly how it may be applied in individual districts 害羞草研究所� or how much, if any, each district might receive 害羞草研究所� is unclear.

害羞草研究所淲hat (the provinces) choose to do is up to them害羞草研究所� but we know there is more to do,害羞草研究所� Trudeau said.

B.C. is to receive $242.36 million.

Health ministry officials were not immediately able to respond to a request for comment; Education Minister Rob Fleming, during a media briefing Wednesday afternoon, said he was 害羞草研究所渘ot aware害羞草研究所� of the lawsuit.

A further statement from the education ministry notes the province has not yet been served with the lawsuit, 害羞草研究所渟o cannot comment on the specific concerns it raises, and does not comment on matters that are before the courts.害羞草研究所�

害羞草研究所淲e continue to be guided by the health and safety advice of Dr. Bonnie Henry and her public health team,害羞草研究所� the statement adds.

害羞草研究所� with files from Katya Slepian

tholmes@peacearchnews.com
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