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

Before you take on a pet, make sure you want to have it for life. (Sarah Simpson/Citizen)
EDITORIAL: A pet is a lifetime commitment

Tons of people are getting pets during the pandemic, some for the first time

Vancouver Canucks’ Jake Virtanen (18) and Calgary Flames’ Josh Leivo, front right, vie for the puck as goalie Jacob Markstrom, back left, watches during the first period of an NHL hockey game in Vancouver, on Saturday, February 13, 2021. THE CANADIAN PRESS/Darryl Dyck
Vancouver Canucks forward Jake Virtanen sued over alleged sexual assault

Statement of claim says the woman, identified only by her initials, suffered physical and emotional damages

Protesters seen here rallying against the injunction order on April 1. (Black Press Media file photo)
RCMP enforce injunction at Fairy Creek blockade

Protesters can remain but police will ensure open access for loggers

Victoria police retrieved a number of stolen items May 15 after arresting a man and woman squatting in an empty building. (Courtesy of VicPD)
Victoria police look to return stolen items following arrest of squatters

Golf clubs, power tools, jackets, cell phones and a MacBook Pro were retrieved

The Victoria International Airport saw its revenues plummet in 2020. Officials hope a proposed warehouse will be a significant revenue generator. (Black Press Media file photo)
Head of Victoria Airport Authority makes economic pitch for Sidney warehouse project

Geoff Dickson said Sidney stands to earn $325,000 in annual taxes

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10 million grant from B.C. government

Long sought-after funds to bolster organization’s important work

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10 million grant from B.C. government

Long sought-after funds to bolster organization’s important work

(PQB News file photo)
RCMP on the hunt for serial Rathtrevor Beach flasher

Two separate incidents noted at provincial park on April 30 and May 14

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

(Kamloops This Week)
Puppy’s home in question as BC Supreme Court considers canine clash

Justice Joel Groves granted an injunction prohibiting the sale or transfer of the dog

Kayak the humpback whale was found dead on a Haida Gwaii beach on Saturday, May 15, 2021. (Marine Education and Research Society)
Kayak the humpback whale found dead on Haida Gwaii beach

Whale was estimated to be only 18 years old

Then-finance minister Kevin Falcon presents his last B.C. budget, Feb. 21, 2012. The province was emerging from the 2009-10 recession and repaying federal incentive to cancel the harmonized sales tax. (Tom Fletcher/Black Press)
Political veteran Kevin Falcon set for second run at B.C. Liberal leadership

Vancouver MLA Michael Lee announces on the same day

The bow-legged bear was seen roaming 2nd Avenue on Friday, May 7 and again in Brown Drive Park on May 13. (Submitted photo)
Bow-legged Ladysmith bear euthanized after vet examination

CO Stuart Bates said the bear had obvious health issues

Conservation Service Officer Kyle Bueckert holds a gold eagle that was revived from acute rodent poisoning Monday, May 12. Photo: Submitted
‘Obviously, he’s a fighter’: Golden eagle, recovered from poisoning, back in Kootenay wild

CSO Kyle Bueckert released the eagle into the wild Thursday, May 13

Most Read