Bernard Trest and his son Max, 10, are concerned about B.C.’s plan for students in the classroom. He was one of two fathers who filed a court application in August to prevent schools from reopening if stricter COVID-19 protections weren’t in place. That application was dismissed last week. (Contributed photo)

Bernard Trest and his son Max, 10, are concerned about B.C.’s plan for students in the classroom. He was one of two fathers who filed a court application in August to prevent schools from reopening if stricter COVID-19 protections weren’t in place. That application was dismissed last week. (Contributed photo)

B.C. dad pledges to appeal quashed call for mandatory masks, distancing in schools

Bernard Trest and Gary Shuster challenged health, education ministries’ return-to-school plan

A White Rock parent whose court challenge of the province’s 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.

READ MORE: B.C. Supreme Court tosses White Rock dad’s challenge of province’s school reopening plans

“You can see what’s happening in the countries that haven’t studied the science and that’s the direction we’re heading in,” Bernard Trest told Peace Arch News Tuesday (Oct. 20).

“We just feel there are legal errors with respect to the decision and I intend to appeal it.”

Trest and Vancouver resident Gary Shuster filed an application in Chilliwack court in August in an effort to force B.C.’s 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.

READ MORE: White Rock dad files suit against health, education ministries over back-to-school COVID plan

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 “sound scientific advice” 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’s recent appeal to parents to reduce the amount of sports activities their kids are involved in due to exposure concerns.

“These kids (playing sports) aren’t in close contact,” Trest said. “So, that transmits COVID, but according to (Henry), school situations where kids up to 120 are beside each other in classrooms is fine. It’s ridiculous.”

Trest also cited scientific studies that he said are being ignored, including one out of SFU that shows mask mandates “drastically reduce” the spread of COVID-19. Another study concluded it’s 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 – finding the fact that some of that advice is not universally accepted “insufficient to conclude that the government has clearly chosen the wrong approach in terms of the public interest” – Trest said that the guidance is “flawed.”

“And now we have a second wave,” he said.

“That begs the question: is this second wave, has it been caused by children returning to school? Most likely, yes.”

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’ 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’t 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.

– with files from The Canadian Press

CoronavirusEducationSchools

Just Posted

President of the Tahltan Central Government, Chad Norman Day, surveys Tahltan territory by helicopter in this July 2019 handout photo. The Tahltan Nation and the British Columbia government have struck what officials say is a historic agreement for shared decision-making for the nation’s territory in northwestern B.C., a hot spot for mineral exploration. Day says the deal shows they are “getting closer and closer to a true nation-to-nation relationship.” THE CANADIAN PRESS/HO - Tahltan Central Government
Tahltan Nation, B.C. government sign agreement for shared decision-making

Deal commits the province and the northwest B.C. nation to developing a land-use plan

Hours of practice each day on the part of dancer Braya Kluss keeps her at a high performance level, someting reflected in the competitions she has won. (Submitted Photo)
Remote Tahltan community faces uncertainty with no ‘real’ timeline on Telegraph Creek Road

Provincial transportation ministry says the timeline for road repairs is ‘weather dependent’

Shown is a T-6 Harvard flown by Bud Granley, who has performed at the Vanderhoof Airshow “more times than any other performer,” said Anne Stevens. (Anne Stevens - Vanderhoof International Airshow Society)
Vanderhoof International Airshow a no-go for 2021

Airport open day planned for September

Five rehabilitated grizzly bears were released this month into the Bella Coola area. The Northern Lights Wildlife Society will also be delivering 36 black bears to areas across the province where they were previously found. “They’re ready to go and they’re already trying to get out,” says Angelika Langen. “We feel good when we can make that possible and they don’t have to stay behind fences for the rest of their lives.” (Northern Lights Wildlife Society Facebook photo)
The train station in Smithers pulls into view in a 1959 video of a train trip from Vernon to Prince Rupert. (Screen shot)
VIDEO: Rare footage of Smithers in 1959 featured in train tour video

8mm film converted to video shows Vernon to Prince Rupert by train and Rupert to Vancouver by ship

Maxwell Johnson is seen in Bella Bella, B.C., in an undated photo. The Indigenous man from British Columbia has filed complaints with the B.C. Human Rights Tribunal and the Canadian Human Rights Commission after he and his granddaughter were handcuffed when they tried to open a bank account. THE CANADIAN PRESS/HO-Heiltsuk Nation, Damien Gillis, *MANDATORY CREDIT*
VIDEO: Chiefs join human rights case of Indigenous man handcuffed by police in B.C. bank

Maxwell Johnson said he wants change, not just words, from Vancouver police

A woman wears a vaccinated sticker after receiving a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. ranks among highest in world in COVID-19 first-dose shots: health officials

More than 76% of eligible people have received their 1st shot

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.’s Indigenous language, art and culture

Advisor says initiative supports the urgent need to preserve Indigenous languages

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

An artists conception of the new terminal building at the Pitt Meadows Regional Airport.
Air travel taking off in B.C., but lack of traffic controllers a sky-high concern

There will be demand for more air traffic controllers: Miller

Canadian Armed Forces experts are on their way to North Vancouver after a local homeowner expressed worry about a military artifact he recently purchased. (Twitter DNV Fire and Rescue)
Military called in to deal with antique ‘shell’ at North Vancouver home

‘The person somehow purchased a bombshell innocently believing it was an out-of-commission military artifact’

Amy Kobelt and Tony Cruz have set their wedding date for February, hoping that more COVID-19 restrictions will have lifted. (The Macleans)
B.C. couples ‘gambling’ on whether COVID rules will let them dance at their wedding

Amy Kobelt and Tony Cruz pushed back their wedding in hopes of being able to celebrate it without the constraints of COVID-19

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Most Read