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Ottawa

Ottawa's largest school board set to debate mandatory masks

Legal issues around authority hover on Tuesday as trustees with Ottawa's largest school board will debate the issue of a mask mandate inside schools.

Catholic board says it can't enforce masking without 'legislation or orders'

A student peers through the window of a school bus in this file photo from August 2020. The Ottawa-Carleton District School Board is set to discuss a temporary mask mandate during a special meeting Tuesday night. (Paul Chiasson/The Canadian Press)

As Ottawa's largest schoolboard considers makingmasks mandatory again, questions remain about whether or not trusteeswould have the power to enforce the move.

The Ottawa-Carleton District School Board (OCDSB) is set to discuss a temporary mask mandate during a special meeting on Tuesday evening.

The debate will take place after new trustee Dr. NiliKaplan-Myrthcalled in a motion for masks to be required during allactivities except formusic and other performing arts orsports where they can't be worn, as well as during lunch or snack breaks.

The motion points to a recent rise in COVID-19, influenza and respiratory syncytial virus(RSV), andstruggles at area ICUs andeastern Ontario's children's hospital in Ottawato keep up.

It alsoreferences strong recommendations from local public health officials and Dr. Kieran Moore, Ontario's chief medical officer of health, to wear a mask indoors.

Ontario's Ministry of Health says school boards don't have the power to mandate masks, onlyOttawa Public Health (OPH)or Dr. Moore.

OCDSB chair Lyra Evans disputed the province's claim, sayinglegal opinions received by the board contradict the ministry. The board does have the "legal authority" to implement a masking requirement,she said, but declined to add more, citing solicitor-client privilege.

In a statement to CBC, OPH said it's"pleased" with the province's strong recommendation that masks be worn in public settings, including schools, where possible.

An OPH spokesperson also wrote the health unit is not considering a local mask mandate right now.

"Given the province-wide challenge and benefits of a consistent approach, the province is in the best position to implement a mask mandate effectively," the statement added.

'Aweak policy that lacks legislated backing'

A spokesperson for the Ottawa Catholic School Boardsaid it highly recommends wearing masks, but without any "health-related legislation or orders," it can't enforce a mandate.

That said, if local public health officials do issue anorder or the province legislatesmasks in schools, the Catholic board could "quickly implement" that, read an email from spokesperson Sharlene Hunter.

She describedmask-wearing as a "divisive issue" and said mandating them without official supportwould cause "unnecessary conflict."

Hunter addedsuspending or excluding students or staff who don't cover their faceswould disrupt their learning.

"We want our administrators to focus on student achievement rather than spending their time trying to enforce a weak policy that lacks legislated backing," she stated.

Evans stressed that Tuesday's meeting will decide how the public board decides to move forward.

"How enforcement happens is an open question," she said, suggesting it could range from teachers simply asking a student once to put on a mask to "full progressive discipline."

The chair said she's been in favour of a masking requirement in the past but plans to listen to the motion and weigh whether she can support all of its elements.

"There are a lot of strong opinions in the community," Evans said, acknowledging the online pushback to even a mention of themotion.

'Threatening mail' over motion

Kaplan-Myrth echoed the chair's opinion that the OCDSB has the authority to enact a mandate, adding it's done so before.

But the Capital/Alta Vistarepresentative said the pushback Evans mentioned might have an impact.

Members of the board have been receiving "disrespectful, harassing and threatening mail" from people who are against masking, some of which has come from as far away as Toronto or California, said Kaplan-Myrth.

Dr. Nili Kaplan-Myrth wears a mask as she sits at a desk and computer.
Dr. Nili Kaplan-Myrth is a family doctor in the Glebe and recently elected school board trustee with the Ottawa-Carleton District School Board. She introduced a motion to vote on a mask mandate at schools. (Jean Delisle/CBC)

A week ago there was "no question" the motion would pass, she said. Now the result might depend on how "susceptible" the board is to "angry letters from a small minority."

At least one member of the OCDSB has been vocal in her opposition to a mask mandate.

Donna Blackburn is the trustee for Barrhaven and said she will voteagainst it.

"I'm very disappointed and saddened that our new board is starting off our new mandate with an unnecessary and very divisive debate about maskmandates," she said. "The board has no authority to enforce the mask mandate."

No students were disciplined when the OCDSBmade masks mandatory last spring, according to the trustee.

OCDSB trustee Donna Blackburn.
Trustee Donna Blackburn believes the board should leave any mask mandates to the province, and she worries about the repercussions if the board votes for a mandate now. (Facebook)

Blackburn declined to share her personal perspective on masking, saying the debate about a mandate comes down to "good governance."

"If we do this I would really hope that the provincial government takes a serious look atour board because we need to stay in our lane," she added.

The meeting to discuss the motion begins at 6:30 p.m.

With files from Matthew Kupfer