Monday, February 14, 2022

ALBERTA

Scrapped school mask mandates draw student walkouts, court challenge

The first day in months that Alberta students were not required to wear masks in class was marked with school walkouts and a failed court challenge, as the premier continued to downplay safety concerns.



© Provided by Calgary Herald
A group of students organized a walkout at Nelson Mandela High School due to the end of mask mandates in Calgary on Monday, February 14, 2022.

Jason Herring - 


Mask use is now optional in Alberta schools as of Monday, one of the first steps in the United Conservative government’s plan to ease nearly all COVID-19 restrictions by March 1.

In Calgary, about 50 students walked out of class at Nelson Mandela High School Monday afternoon in protest of the decision. A similar demonstration also took place at Central Memorial High School.

Navreet Sandhu said he took part in the walkout because he feels unsafe at school with masking rules removed and because students didn’t have a say in the mandate’s removal.

“I also think if we take our masks off now it’s going to affect all our summers, and we’ll be back in quarantine,” he said.

“I don’t want to get COVID too, because I have a little sister and my dad’s a truck driver … I don’t want to affect him from working.”

“The average student doesn’t feel safe not wearing a mask,” added William Devine, a Grade 11 student who helped organize the walkout.

Students who spoke with Postmedia said the majority of students were still wearing masks in the classroom Monday, but a small number had decided to forgo them.


© Darren Makowichuk/PostmediaA group of students organized a walkout at Nelson Mandela High School due to the end of mask mandates in Calgary on Monday, February 14, 2022.

Opposition to the province’s decision to axe the mandate ranged from the classroom to the courthouse, as an Edmonton judge dismissed an application for an emergency injunction which would have maintained in-school mask requirements until the issue could be argued in court.

Edmonton law firm Roberts O’Kelly Law filed for the emergency injunction late Sunday. Applicants included the Alberta Federation of Labour (AFL) and a group of parents of children with disabilities, who argue their children will face discrimination with mandatory masking in schools rescinded.

The emergency application was dismissed Monday afternoon, with a further hearing for the injunction adjourned to a yet-unscheduled date.

Premier Jason Kenney celebrated the court decision on Twitter, calling the application “ridiculous,” saying it would “force kids to wear masks indefinitely.”

“Common sense is prevailing,” said Kenney, who has advocated strongly against mask mandates in schools, saying the restrictions have unfairly impacted school-aged children.



Roberts O’Kelly Law argued the decision to remove mask mandates was rushed and carried out without giving school boards adequate time to prepare. They raised concerns with a letter from Education Minister Adriana LaGrange last week which said individual school boards do not have the authority to introduce their own masking requirements.

“Removing universal masking in schools forces many children to choose between their education and their health — and in some cases, their life,” said Orlagh O’Kelly, co-counsel on the injunction, in a news release.

AFL president Gil McGowan, meanwhile, called the lifting of mask requirements for children “premature, reckless and irresponsible.”

Kenney took exception to the AFL’s involvement in the legal application, telling reporters in Calgary Monday those upset with the government should “go down to the AFL headquarters and protest, peacefully.”

In a statement to Postmedia, Lagrange said she was pleased the emergency application was dismissed, also criticizing the AFL.

“Today’s application for an injunction is yet another stunt from the NDP’s union friends at AFL to spark more fear on Alberta parents and kids,” she said. “They want to keep masks on children indefinitely — and we know that this is not in the best interest of students.”


© Darren Makowichuk/PostmediaA group of students organized a walkout at Nelson Mandela High School due to the end of mask mandates in Calgary on Monday, February 14, 2022.

The government’s move to scrap masking for children has drawn criticism from Alberta doctors. A Calgary Herald column authored by three members of the Alberta Medical Association Section of Pediatrics and cosigned by 11 other pediatricians said the decision puts children’s health at risk.

“Although COVID is often milder in children, it is not harmless,” the column read.

“We also need a commitment to other evidence-based mitigations such as masking in schools to reduce the transmission of COVID amongst children and their families. There is currently no evidence that masking in these situations negatively impacts children’s mental health or development.”

Elsewhere Monday, Alberta announced 35 new deaths from COVID-19 since last reporting data Friday. Those deaths include two men in their 30s who did not have pre-existing health conditions.

Hospital and intensive-care occupancy among COVID-19 patients declined slightly over the weekend. There are now 1,528 Albertans in hospital with the virus, down from 1,566, and 124 in ICU, down from 127.

The province also reported 2,647 new PCR-confirmed cases of the virus over the three-day period, with a test positivity rate of 25 per cent.

Daily case numbers provide an incomplete snapshot of COVID-19 prevalence in the community, however, due to restricted access to PCR testing over the course of the virus’s fifth wave.

— With files from Ashley Joannou

Parents, labour union seek injunction against Alberta's move to end mask mandates for students

Alberta's decision to eliminate mask mandates for school-aged children, which became effective today, is being challenged in court.


© Graham Hughes/The Canadian Press
Starting Monday, students are no longer required to mask up. An application for an emergency injunction, filed Sunday, asks that the public health order exempting students from wearing masks in school be rescinded pending a judicial review.

Wallis Snowdon - 
cbc.ca


Edmonton law firm Roberts O'Kelly Law filed an application Sunday for an emergency injunction to reinstate the mask mandate for students.

The applicants include the parents of five immunocompromised children and the Alberta Federation of Labour (AFL) which represents about 170,000 unionized Alberta workers.

The application asks that the public health order exempting students from wearing masks in school be rescinded pending a judicial review of the policy and how the decision to end the mandate was reached.

Lawyers involved are in an Edmonton courtroom Monday, waiting to have the application heard.

"Removing universal masking in schools forces many children to choose between their education and their health and in some cases, their life," Sharon Roberts, a partner with Roberts O'Kelly Law, said in a statement.

The application argues that the sudden end of the masking mandate infringes on the charter rights of immunocompromised children.

It alleges that the order is a policy based on politics, not public health — and that the decision was made not by Dr. Deena Hinshaw, Alberta's chief medical officer of health, but by government officials who don't have jurisdiction over public health restrictions.

As of Monday, students in Alberta schools are no longer required to wear masks. Children 12 and under don't have to wear masks in any setting.

The decision was announced by Premier Jason Kenney last week. Hinshaw outlined the change in a public health order later in the week.

The injunction application asks that the mask mandate remain in place in schools until at least March 1, or until the application can be reviewed by the court

On Twitter, Premier Jason Kenney characterized the application as a political manoeuvre that threatens the well-being of Alberta children.
 
'Let kids be kids'


"The [Alberta Federation of Labour] is in court today seeking an order to force all kids to wear masks in school," Kenney said on Twitter Monday morning.

"The AFL is a legal affiliate of the NDP. Children have carried an unfair share of the burden during COVID. It's time for the NDP and AFL to stop. Let kids be kids!"

The case alleges that the decision to end the mask mandate was political, swayed by the demands of protesters at the Coutts, Alta., border blockade.

Only the chief medical officer of health or another medical officer of health have the legislative authority to render a decision under the public health act, the application says.

But it alleges that Hinshaw did not make the decision to end the mask mandate.

"The decision was made by the premier, ministers and/or cabinet, and therefore without jurisdiction under the Public Health Act," the application says. "Further and/or in the alternative, the decision is unlawful as it was improperly based on the demands of an illegal blockade to the exclusion of most if not all public health evidence."

The application calls on the courts to order Hinshaw to make "a new decision, herself, and in accordance with her obligations under the Public Health Act."

The applicants challenge what they describe as Education Minister Adriana LaGrange's strict "prohibition" against schools enforcing their own mask mandates.

Within hours of Tuesday's announcement about the pending end of masking for students, LaGrange issued a statement informing school boards they don't have the authority to enforce masking in the classroom.

"We are seeking an immediate pause of the decision to remove masking, as well as the incorrect assertion that school boards cannot continue their own mandates," Orlagh O'Kelly, co-counsel on the application, said in a statement.

The decision was made without adequate time for school boards to review and address the needs of all students, and without proper notice to families, O'Kelly said.

Banning schools from making their own decisions and from requiring masks violates the rights of school-aged children, she said.

"Parents want schools open, but open to all regardless of disability, which means keeping the mandate in place."

If the court agrees to hear the case, the applicants will bring evidence showing that the decision to lift the mask mandate was premature, AFL president Gil McGowan said.

"They will also argue that the decision was based on narrow political concerns, not a careful consideration of the public interest," McGowan said in a statement Monday.


Judge rejects part of application to reinstate mandatory masking in Alberta schools, rest of case to be heard later

An Alberta judge has dismissed part of an application looking to reverse the government’s decision to end mandatory masking of students in schools.


© Provided by Edmonton Journal
Most students leaving Austin O'Brien High School to get on a bus wear masks on Monday, Feb. 14, 2022 even thought the provincial mandate to wear a mask in schools has been stopped.

Ashley Joannou
EDMONTON JOURNAL

But the fight over the change, and what it means particularly for disabled students, is expected to continue.

Lawyers representing a number of disabled students and the Alberta Federation of Labour (AFL) were in the Court of Queen’s Bench Monday looking for a judge to immediately reinstate the right of Alberta school boards to enforce their own masking mandates.

That part of the application was dismissed. However, lawyers say their broader application, which argues that ending mandatory masking appears to be arbitrary, unreasonable, and not founded in medical literature or current public health conditions, will still be heard by a judge. No date has been set yet.

The application says the students all have disabilities and/or complex medical conditions and will suffer discrimination if mandatory masking, particularly in schools, is discontinued.

“The decision made by the chief medical officer was rushed,” Sharon Roberts, a partner at Roberts O’Kelly Law who is arguing for the injunction, said in a statement.

“Removing universal masking in schools forces many children to choose between their education and their health — and in some cases, their life.”

Parents made decision prior to mask announcement


In an interview with Postmedia Monday, Orlagh O’Kelly, co-counsel on the injunction, said most parents had to decide by Feb. 1 whether their kids would attend online or in-person learning and they did that with the understanding that masks would be mandatory.

A week later the government announced it was ending the mask requirement and Education Minister Adriana LaGrange sent a letter to school boards saying they no longer had the power to institute rules of their own.

“For these vulnerable kids that changed their ability to attend in-person … they’re going to have to be homeschooled or have no school,” O’Kelly said.

“So I think that’s the harm here. Every day that goes by that a child has no access to school is unacceptable in our view.”

Masks are still optional in schools but O’Kelley said for her clients part of what helped keep them safe was that the rules were universal.

“This is just basic adverse impact discrimination. So, even though on its face it seems neutral — everyone can make a personal choice — at law, that neutral impact has adverse effects on the vulnerable and therefore is contrary to Section 15 which protects equality rights in the charter,” she said.

The court application argues that the decision was based on the demands of protestors at Alberta’s illegal border blockade and not public health evidence. It alleges the decision was made by politicians, who don’t have jurisdiction under the Public Health Act, and not Alberta’s chief medical officer of health Dr. Deena Hinshaw.

Premier Jason Kenney slams application

Responding to the court’s decision Monday on Twitter, Premier Jason Kenney called the application ridiculous and said that “common sense is prevailing.”

In a statement of her own, LaGrange called the application a “stunt” by the AFL and said the pandemic has impacted all Albertans, especially children.

“Alberta’s government has aimed to balance the risks of COVID-19 to children with the impacts caused by public health restrictions. Such measures can have an adverse effect on the physical, mental and social development of children,” she said.

Unions representing school employees, including educational assistants, are members of the AFL.

In a statement of its own, AFL president Gil McGowan called the decision to end the masking requirement “premature, reckless and irresponsible.”


© Ed Kaiser
Students in favour of wearing masks in school held a rally near the Alberta legislature, Monday, Feb. 14, 2022.

Meanwhile, some students co-ordinated a province-wide protest against the government’s decision by walking out of class at 2:45 p.m. Monday and rallying outside Alberta’s legislature.

Sam Clark, a Grade 12 student and one of the protest organizers, said demonstrators want the government to reimpose a mask mandate for students.

“We find that it was a dangerous decision that did not consider the well-being of students, staff and health-care professionals,” Clark told Postmedia in a phone interview. “Letting ‘kids be kids’ really involves letting them be safe.”

Masks are still required for those two and older in Edmonton’s indoor, public places despite the province’s removal of mask requirements for kids.

Edmonton’s mask bylaw remains in effect and supersedes the end of the provincial mandate. The city’s rule doesn’t extend to elementary schools, post-secondary institutions or child-care facilities.

The city’s mandate is slated to be in effect until at least 28 days after Edmonton’s case rate falls below 100 per 100,000 people. The current case rate is 470.

But Kenney said the provincial government is looking at potentially changing legislation to prohibit municipalities from making their own decisions when it comes to masking.

“We’re looking at our options, we have not made a final decision,” Kenney said Monday. “I think it’s much better if the province, as we try to get life back to normal, has one simple, easy to understand and consistent policy on public health.”


© Provided by Edmonton Journal
2,647 new COVID cases over weekend

Alberta reported 2,647 new cases of COVID-19 Monday, which includes 1,146 cases from Friday, 866 from Saturday and 635 Sunday. There are currently 20,865 active cases in the province, 3,289 fewer cases than reported Friday.

The province also has 1,528 people in hospital infected with COVID-19 (38 fewer than reported Friday), which includes 124 intensive care patients.

Alberta’s COIVD-19 death toll has climbed to 3,776 after the province reported 35 more deaths Monday.




© Provided by Edmonton Journal

– With files from Dustin Cook and Hamdi Issawi


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