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

B.C. dads file suit against province over back-to-school COVID plan

Bernard Trest and Gary Shuster say it’s ‘unconscionable’ to reopen schools without more risk mitigation

A White Rock dad who spoke out last month about concerns with the province’s back-to-school plan is now one of two fathers taking the government to court over the matter.

READ MORE: Not enough science to back return-to-school plan, says White Rock dad

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 – and that the legal action shouldn’t come as a surprise to the leaders of B.C.’s health and education ministries.

“They must’ve known this was going to happen,” Trest told Peace Arch News.

“There’s 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.”

Ministry of Education officials on July 29 announced B.C.’s 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’s 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 “much smaller.”

READ MORE: Surrey high school cohorts to be ‘much smaller,’ Tinney says

According to Trest and Shuster’s notice of application, reopening without stronger risk-mitigation measures – including smaller class sizes, mandatory masking and physical distancing within groups – to protect students and teachers against COVID-19 is “unconscionable,” and they want the court to block the step from proceeding until such measures are in place.

“School boards don’t know how to handle this plan,” Trest said. “There’s really no plan in place.”

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

“Since we’ve spoken… there’s much more evidence, there’s much more science, and the government, they’re refusing to acknowledge it,” Trest said.

“There’s not a single one individual that’s said this plan is a good idea. Even (Prime Minister) Justin Trudeau… he’s questioning whether he’s going to send his kids to school.”

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’s “widely shared” concerns for his son and the community in explaining why her firm took on the case.

“Everyone in BC has an interest in seeing the province safe and healthy,” Che told PAN by email.

“We 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.”

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

Wednesday morning, Trudeau announced a $2 billion ‘Safe Return to Class’ fund, “to help keep students and teachers safe as schools reopen.”

READ MORE: Feds roll out $2 billion to fund return-to-school safety amid pandemic

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 – or how much, if any, each district might receive – is unclear.

“What (the provinces) choose to do is up to them… but we know there is more to do,” 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 “not aware” of the lawsuit.

A further statement from the education ministry notes the province has not yet been served with the lawsuit, “so cannot comment on the specific concerns it raises, and does not comment on matters that are before the courts.”

“We continue to be guided by the health and safety advice of Dr. Bonnie Henry and her public health team,” the statement adds.

– with files from Katya Slepian



tholmes@peacearchnews.com

Like us on Facebook and follow us on Twitter

CoronavirusCourtEducationSurrey

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

Just Posted

The Campbell River Sportsplex in Willow Point is the voting station for the Feb. 27 municipal byelection. Voting runs from 8 a.m. to 8 p.m. Photo by Alistair Taylor – Campbell River Mirror
Voting underway in Campbell River’s municipal byelection

You can cast your ballot today at the Sportsplex until 8 p.m.

With the full build-out of its 477 Hilchey Road development almost complete, Habitat for Humanity Vancouver Island North is setting its sights on its next batch of housing: right next door. Photo by Mike Davies/Campbell River Mirror
Habitat for Humanity looks to start a third Hilchey Road project

With the current site on Hilchey Road in the final stage of… Continue reading

Ian Baikie shows the new kitchen space at Hama?Elas shortly before the facility opened late last year. Mirror File Photo.
Campbell River City Council updated on Hama?Elas and Kwesa Place

Funding was set to run out at end of March, but organizers say they can go another six months

Tyson Popove placed second in his category at the Mt. Washington Viewtour Virtual Slopestyle event. Photo by Shawn Corrigan
Campbell River skier goes big at Mt. Washington competition

Tyson Popove places second in virtual slopestyle event

Elk Falls plunges into the canyon during a high flow event. Mike Davies/Campbell River Mirror file
Water flows down Elk Falls Canyon to increase to accommodate steelhead migration

Public safety advisory in place for the river from John Hart Dam to Elk Falls during the migration flows

Abbotsford’s Kris Collins turned to TikTok out of boredom when the provincial COVID-19 lockdown began in March 2020. She now has over 23 million followers on the video app. Photo: Submitted
Internet famous: Abbotsford’s Kris Collins is a TikTok comedy queen

Collins has found surprise stardom alone with a phone

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

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

1957 photo shows Six Mile House-sponsored #4 1932 Ford stock car with Frank Morris (from left), Ted Mackenzie, Bill Sim and driver Gerry Sylvester. (Bud Glover/Victoria Auto Racing Hall of Fame)
Memories race as Western Speedway approaches its finish line

‘It was life to us:’ Vancouver Island racers, crew will never forget what the track gave them

Nanaimo children’s author and illustrator Lindsay Ford’s latest book is ‘Science Girl.’ (Photo courtesy Lindsay Ford)
B.C. children’s writer encourages girls to pursue the sciences in new book

Lindsay Ford is holding a virtual launch for latest book, ‘Science Girl’

BC Ferries experienced heavy traffic on Feb. 27 following cancellations the day before due to strong winds and adverse weather. (Black Press Media file photo)
BC Ferries sailings fill up quickly after Friday cancellations due to high winds

Waits expected on Swartz Bay-Tsawwassen route, Horseshoe Bay-Departure Bay route

Pig races at the 145th annual Chilliwack Fair on Aug. 12, 2017. Monday, March 1, 2021 is Pig Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of Feb. 28 to March 6

Pig Day, Canadian Bacon Day and Grammar Day are all coming up this week

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Kara Sorensen, diagnosed with lung cancer in July, says it’s important for people to view her as healthy and vibrant, rather than sick. (Photo courtesy of Karen Sorensen)
B.C. woman must seek treatment overseas for inoperable lung cancer

Fundraising page launched on Karen Sorensen’s behalf, with a goal of $250,000

Most Read