Injunction is proceeding on behalf of Alberta families concerned by the removal of school mask mandates
EDMONTON, Alberta, Feb. 15, 2022 (GLOBE NEWSWIRE) -- Roberts O'Kelly Law, in response to the statement from the Government of Alberta regarding the dismissal of the mandatory school mask mandate injunction, confirms that injunction is moving forward. The injunction was filed on behalf of concerned Alberta families, including those of medically complex children.
Roberts O'Kelly Law filed an application for judicial review to challenge the February 8, 2022, decision made by Alberta's Chief Medical Officer of Health (CMOH) to remove the mandate, which went into effect on Monday. The injunction was filed on the grounds that the decision made by the CMOH was unreasonable, unfair, made without jurisdiction and is an infringement on the equality rights of children and children with disabilities.
Following a court appearance on Monday, February 14, the full judicial review will still proceed to an emergency hearing and a substantial hearing. To allow time to gather evidence regarding the negative impacts of the Government's abrupt decision ? a decision that was not published until Saturday, February 12, 2022 ? Roberts O'Kelly Law requested the emergency stay of the mandates be adjourned. They are currently seeking dates from the Court.
Roberts O'Kelly Law also challenged the de facto prohibition, issued in a letter by Education Minster Adrianna La Grange, that attempts to prevent school boards from reinstating or continuing their own mask mandates. The Judge did not decide on this challenge during court on Monday, as evidence is needed to demonstrate that school boards believe the prohibition is binding.
"There is consideration to review Minister LaGrange's alleged prohibition to prevent school boards from reinstating or issuing their own mask mandates," said Orlagh O'Kelly, co-counsel on the injunction.
"This prohibition ? issued in a letter by the Education Minister ? is not enforceable, but unfortunately it is viewed as binding by many in the school system. The Courts are willing to review this if evidence is brought forward, which we intend to do," added Sharon Roberts, Partner, Roberts O'Kelly Law.
The injunction has been filed on behalf of impacted families, including those of medically complex children. Many children, particularly those with disabilities, are unable to wear masks and have relied on the mask mandate to safely attend school in person. Without masks, vulnerable children in Alberta will be forced to choose between the risk of attending in person learning or not having equal access to education.
Media Contact:
Orlagh O'Kelly
[email protected]
Sharon Roberts
[email protected]
780-760-6752
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