Roberts O’Kelly Law files injunction Feb. 14 on behalf of Alberta families concerned by the removal of school mask mandates

Roberts O’Kelly Law has filed an injunction challenging the February 8, decision made by Alberta’s Chief Medical Officer of Health (CMOH) to remove the mandatory mask mandate for children attending Alberta schools in person, which went into effect today.

The injunction has been filed on behalf of concerned 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, the lawyers say their clients feel “vulnerable children in Alberta will be forced to choose between the risk of attending in person learning or not having equal access to education.”

The Alberta Federation of Labour (AFL), Alberta’s largest worker advocacy group, is a co-applicant and interested party advocating in support of accessible public education and safety in workplaces, including schools.

This injunction also challenges the de facto prohibition issued by Education Minster Adrianna La Grange that attempts to prevent school boards from reinstating or continuing their own mask mandates.

“The decision made by the Chief Medical Officer was rushed,” said Sharon Roberts, Partner, Roberts O’Kelly Law. “Removing universal masking in schools forces many children to choose between their education and their health – and in some cases, their life.”

“We are seeking an immediate pause of the decision to remove masking, as well as the incorrect assertion that school boards cannot continue their own mandates,” added Orlagh O’Kelly, co-counsel on the injunction.

The decision was made without adequate time for school boards to review and address the needs of all students, and without proper notice to families. Banning schools not only making their own decisions and from requiring masks threatens the health and violates the rights of school aged children and medically complex children, which can lead to issues of isolation. It also infringes of the rights of students to have equal access to education.

“Parents want schools open, but open to all regardless of disability, which means keeping the mandate in place,” said O’Kelly.