A White Rock dad who spoke out last month about concerns with the province乌鸦传媒檚 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 乌鸦传媒� and that the legal action shouldn乌鸦传媒檛 come as a surprise to the leaders of B.C.乌鸦传媒檚 health and education ministries.

乌鸦传媒淭hey must乌鸦传媒檝e known this was going to happen,乌鸦传媒� Trest told Peace Arch News.

乌鸦传媒淭here乌鸦传媒檚 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.乌鸦传媒�

Ministry of Education officials on July 29 announced B.C.乌鸦传媒檚 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乌鸦传媒檚 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 乌鸦传媒渕uch smaller.乌鸦传媒�

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

乌鸦传媒淪chool boards don乌鸦传媒檛 know how to handle this plan,乌鸦传媒� Trest said. 乌鸦传媒淭here乌鸦传媒檚 really no plan in place.乌鸦传媒�

Trest 乌鸦传媒� who started a Facebook page with his 10-year-old son Max last month to rally others with similar concerns 乌鸦传媒� 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.

乌鸦传媒淪ince we乌鸦传媒檝e spoken乌鸦传媒� there乌鸦传媒檚 much more evidence, there乌鸦传媒檚 much more science, and the government, they乌鸦传媒檙e refusing to acknowledge it,乌鸦传媒� Trest said.

乌鸦传媒淭here乌鸦传媒檚 not a single one individual that乌鸦传媒檚 said this plan is a good idea. Even (Prime Minister) Justin Trudeau乌鸦传媒� he乌鸦传媒檚 questioning whether he乌鸦传媒檚 going to send his kids to school.乌鸦传媒�

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乌鸦传媒檚 乌鸦传媒渨idely shared乌鸦传媒� concerns for his son and the community in explaining why her firm took on the case.

乌鸦传媒淓veryone in BC has an interest in seeing the province safe and healthy,乌鸦传媒� Che told PAN by email.

乌鸦传媒淲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.乌鸦传媒�

She noted that Early Sullivan Wright Gizer & McRae is also representing a B.C. doctor in a case filed a few weeks prior 乌鸦传媒渄ealing with similar concerns but on a broader level (not exclusive to schools).乌鸦传媒�

Wednesday morning, Trudeau announced a $2 billion 乌鸦传媒楽afe Return to Class乌鸦传媒� fund, 乌鸦传媒渢o help keep students and teachers safe as schools reopen.乌鸦传媒�

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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 乌鸦传媒� or how much, if any, each district might receive 乌鸦传媒� is unclear.

乌鸦传媒淲hat (the provinces) choose to do is up to them乌鸦传媒� but we know there is more to do,乌鸦传媒� 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 乌鸦传媒渘ot aware乌鸦传媒� of the lawsuit.

A further statement from the education ministry notes the province has not yet been served with the lawsuit, 乌鸦传媒渟o cannot comment on the specific concerns it raises, and does not comment on matters that are before the courts.乌鸦传媒�

乌鸦传媒淲e continue to be guided by the health and safety advice of Dr. Bonnie Henry and her public health team,乌鸦传媒� the statement adds.

乌鸦传媒� with files from Katya Slepian

tholmes@peacearchnews.com
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