Close X
Friday, November 29, 2024
ADVT 
National

Quebec court denies parents' bid for online classes

Darpan News Desk The Canadian Press, 08 Sep, 2020 10:36 PM
  • Quebec court denies parents' bid for online classes

A group of Quebec parents has lost the first round of a legal fight to force the province to provide an online learning option for families worried about sending children to school amid the pandemic.

Quebec Superior Court Justice Frederic Bachand refused the parents' request for a safeguard order that would have given parents immediate access to remote courses for their children as the case awaits trial.

In a decision released Tuesday, he wrote that since the parents did not meet the criteria for the emergency order, the case will be decided on its merits at a later date.

The parents are contesting the Education Department's back-to-school plan, which mandates that only children with serious medical conditions or who live with someone at risk of severe complications from COVID-19 can be exempted from physically attending classes.

Human rights lawyer Julius Grey argued on their behalf that forcing parents to send their children to class during a pandemic violates their Charter rights to make fundamental decisions on their lives and security.

He said there is still uncertainty surrounding the health risks of COVID-19, and all parents should have access to online learning resources, as parents in other provinces do.

In his ruling, Bachand said the argument raises valid legal questions.

"In the context of this pandemic, deciding to make it compulsory to attend school in person amounts to taking a position, in the light of scientific knowledge which is limited — in some respects at least — on the acceptable level of risk for the health of the targeted pupils and that of their relatives," he wrote.

"This finding is relevant for the purposes of the analysis of a possible infringement of the right to personal liberty, since it appears from the case law of the Supreme Court that decisions having an impact on the bodily integrity of individuals are part of these fundamental choices covered by this right."

However, to obtain the safeguard, the plaintiffs would have to prove that refusing to grant the order would lead to greater consequences, or inconveniences, than changing it.

In this case, Bachand said the parents failed to prove that the province's back-to-school plan fails to serve the public interest.

He noted arguments cited by experts representing the government, who said the benefits of attending school outweighs what the experts have described as a low risk of COVID-19 complications.

Those experts argued that school provides important structure and socialization, that not all children respond well to online learning and that children with learning difficulties or troubled home lives are likely to be most affected if they're kept home.

Bachand noted that courts generally presume that laws are created in the public's best interest, meaning the burden is on the plaintiffs to prove the contrary.

"In short, because in its current state the file does not contain enough elements of proof to refute the presumption that the government's back-to-school plan adequately serves the public interest, we must conclude the plaintiffs did not discharge their burden of showing that the balance of convenience favoured their position," he wrote.

"Their request for a safeguard order must therefore be dismissed."

MORE National ARTICLES

Chip, Joanna Gaines return to 'Fixer Upper' for new network

Chip, Joanna Gaines return to 'Fixer Upper' for new network
Chip and Joanna Gaines are returning to “Fixer Upper" as they build their new network.

Chip, Joanna Gaines return to 'Fixer Upper' for new network

Charity likely on hook for student volunteers

Charity likely on hook for student volunteers
A Halifax-based charity is expressing confusion and frustration as it looks likely to have to foot the bill for nine students that it says were hired through the federal volunteer program at the centre of the WE affair.

Charity likely on hook for student volunteers

A guide to back-to-school rules across the country

A guide to back-to-school rules across the country
Plans are being made across the country for how to safely send students back to school in the fall as the COVID-19 pandemic continues.

A guide to back-to-school rules across the country

B.C. scales up response to overdose crisis

B.C. scales up response to overdose crisis
The British Columbia government says it is accelerating its response to the overdose crisis by expanding lifesaving overdose prevention, treatment and support services.

B.C. scales up response to overdose crisis

B.C. lets private pot shops sell online

B.C. lets private pot shops sell online
The British Columbia government says new rules for private cannabis retailers will allow pot to be reserved and paid for online, but customers still have to pick up their orders in person.

B.C. lets private pot shops sell online

Compensation process unfair: Meredith employees

Compensation process unfair: Meredith employees
Two women who worked for former senator Don Meredith say the independent process established by the Senate to determine compensation for Meredith's harassment victims is "totally unacceptable" and is re-victimizing them.

Compensation process unfair: Meredith employees