Read on Twitter
1/ Today, let’s discuss the term gross negligence. Why you may be asking?
Because it would appear that Superintendents and Trustees need to be reminded of their fiduciary responsibilities —to their staff and students.
https://www.bclaws.gov.bc.ca/civix/document/id/mo/mo/m0012_2021 #bced #bcpoli
Because it would appear that Superintendents and Trustees need to be reminded of their fiduciary responsibilities —to their staff and students.
https://www.bclaws.gov.bc.ca/civix/document/id/mo/mo/m0012_2021 #bced #bcpoli
2/ #BCed is an essential service.
#BCed staff are also considered frontline workers, and as such, are required, by law, to receive the SAME standard of care as other frontline workers.
Students owed a duty of care from the @bcndp, too.
Outlined here: https://www2.gov.bc.ca/assets/gov/education/administration/kindergarten-to-grade-12/safe-caring-orderly/emergency-management-guide.pdf
#BCed staff are also considered frontline workers, and as such, are required, by law, to receive the SAME standard of care as other frontline workers.
Students owed a duty of care from the @bcndp, too.
Outlined here: https://www2.gov.bc.ca/assets/gov/education/administration/kindergarten-to-grade-12/safe-caring-orderly/emergency-management-guide.pdf
3/ In Aug, the MofEd outlined safety plan in a court of law (parent court case) and argued that:
1. Masks hinder learning
2. If masks were required in schools then students would feel safe & might not stay away from school if they felt sick.
Ruling here: https://www.bccourts.ca/jdb-txt/sc/20/15/2020BCSC1524.htm
1. Masks hinder learning
2. If masks were required in schools then students would feel safe & might not stay away from school if they felt sick.
Ruling here: https://www.bccourts.ca/jdb-txt/sc/20/15/2020BCSC1524.htm
4/ From what I understand—Dr Gustafson was the witness for the Crown and said, under oath, that masks hinder learning and could harm students.
There was NO peer reviewed science offered to substantiate this claim. Only a brochure w/ cherry picked facts.
http://www.bccdc.ca/Health-Info-Site/Documents/Public_health_COVID-19_reports/Impact_School_Closures_COVID-19.pdf
There was NO peer reviewed science offered to substantiate this claim. Only a brochure w/ cherry picked facts.
http://www.bccdc.ca/Health-Info-Site/Documents/Public_health_COVID-19_reports/Impact_School_Closures_COVID-19.pdf
5/ Even the brochure does not provide reference to the mask science she was referencing.
Mental Health and a survey from Spring also factored in.
The judge would not allow the complainant any scientific articles that came after August. Yet, the brochure is dated September.
Mental Health and a survey from Spring also factored in.
The judge would not allow the complainant any scientific articles that came after August. Yet, the brochure is dated September.
6/ Here is a whole lot of evidence that:
masks save lives.
they can provide up to 70% protection if everyone wears them
they protect from asymptomatic spread
They stop people from touching their face and nose
They do not hinder learning
#bced https://twitter.com/freespiritus/status/1302676403935088640
masks save lives. they can provide up to 70% protection if everyone wears themthey protect from asymptomatic spreadThey stop people from touching their face and nose They do not hinder learning#bced https://twitter.com/freespiritus/status/1302676403935088640
7/ Since September, @GovCanHealth has accepted that the virus is predominantly spread by aerosols, tiny microscopic droplets.
https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/health-professionals/main-modes-transmission.html
https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/health-professionals/main-modes-transmission.html
8/ Because of the Gov of Canada acknowledged the virus is aerosolized, the @GovCanHealth also issued new ventilation guidance for buildings in Canada.
All Provinces must follow suit and follow Federal guidance.
https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/guidance-documents/guide-indoor-ventilation-covid-19-pandemic.html
All Provinces must follow suit and follow Federal guidance.
https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection/guidance-documents/guide-indoor-ventilation-covid-19-pandemic.html
9/ Because of this acknowledgment — @WorkSafeBC should have automatically adjusted guidance for schools when all other employers were forced to re-do their safety plans.
Schools are not exempt in WorkSafe guidance for infectious disease. #bced
https://www.worksafebc.com/en/resources/health-safety/books-guides/controlling-exposure-protecting-workers-from-infectious-disease?lang=en&direct
Schools are not exempt in WorkSafe guidance for infectious disease. #bced
https://www.worksafebc.com/en/resources/health-safety/books-guides/controlling-exposure-protecting-workers-from-infectious-disease?lang=en&direct
10/ There are plenty of recent peer reviewed studies that show that:
Children are often asymptomatic, masks needed for protection.
Children transmit as much as adults.
Schools can drive infections when community spread is high (like BC). Over 30%.
Children infect adults. https://twitter.com/freespiritus/status/1351499689770643463
Children are often asymptomatic, masks needed for protection.Children transmit as much as adults. Schools can drive infections when community spread is high (like BC). Over 30%.Children infect adults. https://twitter.com/freespiritus/status/1351499689770643463
11/ So how does this relate to negligence?
Let’s look at the definition and case law.
Let’s look at the definition and case law.
12/ The fact that BC is the only jurisdiction in Canada that is not requiring masks in classrooms is evidence of gross negligence.
All other countries in the world, that did not require masks, have moved schools online. Every jurisdiction in the world requires masks in classes.
All other countries in the world, that did not require masks, have moved schools online. Every jurisdiction in the world requires masks in classes.
13/
The fact that the Parent Court case’s ruling states that the mask policy is the Ministry of Education’s policy, that the PHO is pretty good evidence that politics is at play here.
The fact that the Parent Court case’s ruling states that the mask policy is the Ministry of Education’s policy, that the PHO is pretty good evidence that politics is at play here.
14/ Since December, the CDC & PHAC changed their guidance for schools with regard to masks, ventilation, distancing and class size.
Trustees and SDs have a fiduciary duty to protect employees & do timely due diligence. https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/cloth-face-cover.html
Trustees and SDs have a fiduciary duty to protect employees & do timely due diligence. https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/cloth-face-cover.html
15/ The fact that the @CDCofBC and the Ministry continue to put children & #bced staff into what the CDC deems the highest risk scenario without proper precautions—masks in classes, improved ventilation, smaller class sizes, 2 m distancing is gross negligence.
16/ The very conditions that Dr. Henry described for there to be airborne transmission, are the very same that exist in schools on a daily basis.
30 students & a Teacher, in a poorly ventilated enclosed space for over 5 hours.
Not providing more protections is negligence.
30 students & a Teacher, in a poorly ventilated enclosed space for over 5 hours.
Not providing more protections is negligence.
17/ In the Ministry of Education’s own handbook, it states it must meet or exceed WorkSafeBC’s expectations.
Superintendents who continue to say that they will be liable if the do not follow guidance, will be found negligent.
https://www2.gov.bc.ca/assets/gov/education/kindergarten-to-grade-12/teach/teaching-tools/student-saftey/scoguide.pdf
Superintendents who continue to say that they will be liable if the do not follow guidance, will be found negligent.
https://www2.gov.bc.ca/assets/gov/education/kindergarten-to-grade-12/teach/teaching-tools/student-saftey/scoguide.pdf
18/ Especially when @WorkSafeBC states that school Districts are able to mandate masks.
19/ And the Ministry also says that School Districts can mandate masks.
20/ School Districts are also Service Businesses since they incorporate to recruit int’l students to come to district.
Under the mask law, service businesses are required to mandate masks & protect their customers/staff. #bced staff work with int’l students in K-12 schools.
Under the mask law, service businesses are required to mandate masks & protect their customers/staff. #bced staff work with int’l students in K-12 schools.
21/ The fact that Independent Schools have been mandating masks in their schools shows that:
Masks do not hinder learning &
They do not cause harm.
Not providing public schools with the same precautions, when there are variants circulating is another example of negligence.
Masks do not hinder learning &They do not cause harm.Not providing public schools with the same precautions, when there are variants circulating is another example of negligence.
22/ Notre Dame in Vancouver also requires masks
https://docs.google.com/forms/d/e/1FAIpQLScJqP8xrbV67SuYUus_fzWsc-GT2R4XnLlju5D7E4LF2upmBQ/viewform
John Knox in Burnaby requires masks grades 5-12 at all times (including being dropped off!)
https://johnknoxbc.org/school-startup-plan/
BC Christian Academy requires masks grade 6-12 at all times:
https://www.bcchristianacademy.ca/covid-19-update/
https://docs.google.com/forms/d/e/1FAIpQLScJqP8xrbV67SuYUus_fzWsc-GT2R4XnLlju5D7E4LF2upmBQ/viewform
John Knox in Burnaby requires masks grades 5-12 at all times (including being dropped off!)
https://johnknoxbc.org/school-startup-plan/
BC Christian Academy requires masks grade 6-12 at all times:
https://www.bcchristianacademy.ca/covid-19-update/
23/ Here is Fraser Health’s notification that students and staff may have been exposed to a variant at school.
The South African variant makes the vaccine 6x less efficacious. #bced staff & students need protections.
The South African variant makes the vaccine 6x less efficacious. #bced staff & students need protections.
24/ Fact that BC is doing lowest testing in Canada could also be construed as negligence.
The @CDCofBC’s policy to isolate rather than test will mean greater risk of MIS-C for students as it is a post-viral disease. If parents aren’t aware child infection, won’t look for MIS-C.
The @CDCofBC’s policy to isolate rather than test will mean greater risk of MIS-C for students as it is a post-viral disease. If parents aren’t aware child infection, won’t look for MIS-C.
25/ The fact that BC is not aggressively trying to test trace and isolate all cases is negligent as it violates Section 7 of the charter and the Proportionality section of the Oakes test. #bced
26/ There are no PHO orders that state that School Districts or PHO cannot mandate masks. Only Orders are enforceable by law. Guidance are suggestions. https://www2.gov.bc.ca/gov/content/safety/emergency-preparedness-response-recovery/covid-19-provincial-support/restrictions
27/ The K-12 BCCDC guidance states that PPE can be part of a school district’s plan.
When school districts say they are following pho’s guidance, they are not being truthful.
http://www.bccdc.ca/Health-Info-Site/Documents/COVID_public_guidance/Guidance-k-12-schools.pdf
When school districts say they are following pho’s guidance, they are not being truthful.
http://www.bccdc.ca/Health-Info-Site/Documents/COVID_public_guidance/Guidance-k-12-schools.pdf
28/ We also have Operational Negligence, which deals with governance and duty of care. This is not so cut and dry due to the fact the Supreme Court of Canada has taken leave to hear a case from BC in the near future. https://www.mondaq.com/canada/professional-negligence/979206/supreme-court-of-canada-to-consider-dichotomy-between-policy-and-operational-decisions-in-negligence-claims
29/ Then there is the SARS Commission findings that are not being practiced in British Columbia:
https://www.osler.com/en/resources/governance/2020/coronavirus-covid-19-lessons-learned-from-sars-a-guide-for-hospitals-and-employers
#bced #bcpoli #COVID19
https://www.osler.com/en/resources/governance/2020/coronavirus-covid-19-lessons-learned-from-sars-a-guide-for-hospitals-and-employers
#bced #bcpoli #COVID19
