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

Tighe Archer with a Winter Tree that he cut and assembled in Esquimalt High wood shop. Students in ten high school wood shops are cutting the raw materials and packaging them into kits that are delivered to Grade 3 and 4 elementary classes in the district to assemble. 
(Lindsay Johnson Photo)
Greater Victoria high schoolers cut Winter Trees for Grade 3 classes

Apprenticing carpentry students bring a little season to younger peers

The Mann family lived in a coach house attached to the old stables – which once stood across from where the beer bottles were found – from about 1911 to the '30s. This historical photograph shows members of the Mann family passing around a beer bottle similar to the ones found recently. (Photos courtesy Cindy MacDougall)
Cheers to history: 100-year-old beer bottles unearthed at Royal Roads University

Four bottles from Victoria Brewing Co., Silver Springs Brewery date back to early 1900s

Evelyn Turner, Jen Rashleigh and Steve Duck with Circular Farm and Food: Vancouver Island stand outside the Sandown Agricultural Lands, future site of the Sandown Centre for Regenerative Agriculture. North Saanich council is considering a draft agreement with the future operators for final approval Monday. (Wolf Depner/News Staff)
North Saanich close to inking final agreement with Sandown operators

Future operators of Sandown Agricultural Lands have confidence in their vision

Victoria-based driving instructors are concerned for their own and the community’s safety with the continued number of residents from COVID hotspots in the Lower Mainland coming to the city to take their driving road tests. (Black Press Media file photo)
Students from COVID hotspots travel to Victoria for driving tests

Union leader calls on government to institute stronger travel ban

(Courtesy Saanich Police Dept.)
Police hope boot search will help find missing Saanich man

Sean Hart is known to walk for miles, with or without his boots

Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Montreal Alouettes’ Michael Sam is set to make his pro football debut as he warms up before the first half of a CFL game against the Ottawa Redblacks in Ottawa on Friday, Aug. 7, 2015. Sam became the first publicly gay player to be drafted in the NFL. He signed with the Montreal Alouettes after being released by St. Louis, but abruptly left after playing one game. THE CANADIAN PRESS/Justin Tang
Study finds Canada a ‘laggard’ on homophobia in sports

Among females, 44 per cent of Canadians who’ve come out to teammates reported being victimized

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Information about the number of COVID-19 cases in Abbotsford and other municipalities poses a danger to the public, the Provincial Health Services Authority says. (Photo: Tyler Olsen/Abbotsford News)
More city-level COVID-19 data would jeopardize public health, B.C. provincial health agency says

Agency refuses to release weekly COVID-19 case counts, citing privacy and public health concerns

The opening day on Mount Washington this year was Dec. 4. Screenshot
Mount Washington opens on time, COVID-19 protocols in place

“We’re super excited - it’s been six months in the planning.”

Most Read