Ontario teachers' union's court action to force York Region school closures left in limbo by provincial closure order

Ontario Secondary School Teachers' Federation says issues remain even after schools ordered closed

Yorkreigon.com
April 19, 2021

Can the courts order schools closed to in-person learning until teachers are vaccinated?

That question was presented to the Region of York this week after the Ontario Secondary School Teachers' Federation served an almost 1,000-page motion putting the region on notice that the union sought a court order compelling the local medical officer of health to switch schools to online learning.

The notice of motion was served April 12, the same day the provincial government announced all Ontario schools would pivot to virtual --a decision that resolved some, but not all, of the issues the union has with York Region, OSSTF president Harvey Bischof said.

Bischof would not elaborate on what issues are still outstanding and under discussion, but said "our position remains that we should be, for almost all circumstances, virtual until educators are vaccinated and time has passed for vaccination to take effect".

It’s the union’s position for not just York Region, but any hot spot area where schools remained open, but Bischof said the union determined York was the appropriate region to take legal steps based on advice from an epidemiologist and infectious diseases specialist and counsel.

York Region came under fire recently for its reluctance to close schools after neighbouring, harder-hit hot zones Toronto and Peel took that step.

On Apr. 8, Dr. Karim Kurji, York’s medical officer of health, said data did not support school closing.

Medical evidence, such as that reported in the British Medical Journal, pointed to physical and mental health benefits of children in classrooms, he said, and asymptomatic screening showed less than 1-per-cent positivity in York Region students.

The situation changed quickly when an analysis of the first days of April showed a 37-per-cent increase in cohort dismissals and more outbreaks, putting contact management "at the brink of exceeding capacity", he said.

On April 9, Kurji informed the Ministry of Health and Ministry of Education they were considering a Section 22 order to extend the April break by two weeks.

The following Monday, Premier Doug Ford announced all schools would be closed indefinitely.

That has left the OSSTF court action in uncharted territory, regional solicitor Dan Kuzmyk told council members April 15.

"We are in a very uncertain period … given the fact that the province has effectively extended the school break. It remains yet to be seen if the matter will, in fact, proceed as currently contemplated, if there will be some adjustments that may come, or if there may be some form of resolution."

Meanwhile, an online petition with more than 2,200 signatures is adding to a social media movement to fire Kurji, saying the local medical officer of health refused to use his Section 22 powers to close schools.

That led York Region Chairperson Wayne Emmerson and York regional council to issue a statement reaffirming their confidence in Kurji.

"The decisions of Dr. Kurji and regional council are made in the best interest of our community as a whole --not based on the needs and wants of individual groups or interests," the statement said.

"Decisions often need to be made quickly. Unfortunately, not everyone is going to be pleased … but rest assured, these decisions are evidenced-based and data-driven."