Nurse's note not enough for school exemption: judge

A mother with breast cancer receiving chemotherapy treatments and worried about contracting COVID -19 tried to get an exemption allowing her children to learn from home instead of going to school.

But a judge has ruled the letter explaining her health condition did not meet the requirements necessary to obtain an exemption because it was written by a nurse.

In her judgment rendered this week, Judge Jean Faullem of Quebec Superior Court outlined what could be used as evidence to justify an exemption.

In this case, he determined the letter signed by the oncology nurse was not enough because it didn't include the recommendation of a doctor.

The judge did authorize the mother to return to court soon to see him in order to present other evidence. In the interim, he judged it was safer to allow the children to attend “virtual school.”

The mother received a diagnosis of Stage 2 cancer in June 2020. Chemotherapy treatments began on July 31. She has two children, one at elementary school, and another at high school. They're in shared custody with her ex-husband.

Given her cancer diagnosis, she took steps to enrol the children in virtual school. The schools agreed to offer distance learning, but the high school said it would also need the permission of the husband. But the father objected and instead moved to have the children placed physically in school, leading to the court proceedings.

“Mothers and fathers share parental authority,” Faullem noted. In the event of a conflict with the exercising of this authority, it's up to the Superior Court to decide, based on the best interests of the child.

For the 2020 school year, the Quebec government has ruled children must be physically present in school, and virtual learning will only be offered as an exception. In order to be granted an exemption based on the risk of contracting COVID -19, the claimant must demonstrate there are serious coronavirus-related health risks for the child, or for someone living with the child.

This requires obtaining a recommendation from a doctor who establishes a link between the health condition of a child or someone living with the child and the risk of serious health issues.

In his decision, Judge Faullem wrote even if the nurse's letter was sufficient to establish the mother's medical condition, and even if the judge sided with the mother — given her condition — the letter does not satisfy the government's decree requiring a doctor's note.

He said he expected to see the parents in court again next week.