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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Cases have gone up in Northern Health in the past week, as they have all over B.C. (K-J Millar/Black Press Media)
Northern Health reports new highest number of COVID-19 cases in one day

Nineteen cases were reported to Public Health last Tuesday (Nov. 17)

FILE – British Columbia provincial health officer Dr. Bonnie Henry wears a face mask as she views the Murals of Gratitude exhibition in Vancouver, on Friday, July 3, 2020. THE CANADIAN PRESS/Darryl Dyck
Masks now mandatory in all public indoor and retail spaces in B.C.

Many retailers and businesses had voiced their frustration with a lack of mask mandate before

(Photo courtesy of LNG Canada)
An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared Thursday.
COVID-19 outbreak at LNG Canada Project site

14 employees have tested positive for COVID-19 at this time

A man has been arrested after a Nov. 11 break and enter at the Sandspit Airport, Queen Charlotte RCMP said in a media release on. Nov 17. (Black Press Media files)
Man arrested after Nov. 11 break and enter at local airport

Queen Charlotte RCMP investigate recent spate of break and enters

The 4.1 magnitude earthquake detected on Wednesday, Nov. 18, 2020, is shown in pink. (Earthquakes Canada)
4.1 magnitude earthquake detected near Haida Gwaii

Event happened about 40 kilometres southwest of Village of Queen Charlotte

Kyle Charles poses for a photo in Edmonton on Friday, Nov. 20, 2020. Marvel Entertainment, the biggest comic book publisher in the world, hired the 34-year-old First Nations illustrator as one of the artists involved in Marvel Voice: Indigenous Voices #1 in August. THE CANADIAN PRESS/Jason Franson
VIDEO: Indigenous illustrator of new Marvel comic hopes Aboriginal women feel inspired

Kyle Charles says Indigenous women around the world have reached out

Care home staff are diligent about wearing personal protective equipment when they are in contact with residents, but less so when they interact with other staff members, B.C. Seniors Advocate says. THE CANADIAN PRESS/Chris Young
More COVID-19 testing needed for senior home staff, B.C.’s advocate says

Employees mingling spotted as virus conductor in many workplaces

This 2019 photo provided by The ALS Association shows Pat Quinn. Quinn, a co-founder of the viral ice bucket challenge, died Sunday, Nov. 22, 2020, at the age of 37. (Scott Kauffman/The ALS Association via AP)
Co-founder of viral ALS Ice Bucket Challenge dies at 37

Pat Quinn was diagnosed with Lou Gehrig’s disease, also known as amyotrophic lateral sclerosis, in 2013

Minister of Justice and Attorney General of Canada David Lametti speaks with the media following party caucus in Ottawa, Tuesday, January 28, 2020. THE CANADIAN PRESS/Adrian Wyld
Exclusion of mental health as grounds for assisted death is likely temporary: Lametti

Senators also suggested the exclusion renders the bill unconstitutional

Claudio Mastronardi, Toronto branch manager at Carmichael Engineering, is photographed at the company’s offices in Mississauga, Ont., Thursday, Nov. 19, 2020. As indoor air quality becomes a major concern in places of business, HVAC companies are struggling to keep up with demand for high quality filtration systems. THE CANADIAN PRESS/Chris Young
Business is booming for HVAC companies as commercial buildings see pandemic upgrades

‘The demand right now is very high. People are putting their health and safety ahead of cost’

Bank of Montreal, located on Burrard Street in downtown Vancouver. (Google Maps)
Heiltsuk man files human rights complaint against Vancouver police, BMO after bank arrest

Pair remains distraught after employee falsely reports fraud in progress leading to their arrest

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

RCMP Cpl. Cory Lepine pictured at BC Livestock Producers Co. in Kamloops, Nov. 16. (Phil McLachlan - Black Press Media)
Meet B.C.’s only cowboy cop; a voice for the livestock industry

Cpl. Cory Lepine serves as a bridge between the law and those who make a living off the land

BCHL
BCHL pushes back season start due to provincial health orders

The delay is minimal, just six days, for now. But the league is open to starting up after Christmas

Most Read