Ottawa's largest school board set to debate mandatory masks

As Ottawa's largest school board considers making masks mandatory again, questions remain about whether or not trustees would 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. Nili Kaplan-Myrth called in a motion for masks to be required during all activities except for music and other performing arts or sports 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), and struggles at area ICUs and eastern Ontario's children's hospital in Ottawa to keep up.

It also references 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, only Ottawa Public Health (OPH) or Dr. Moore. 

OCDSB chair Lyra Evans disputed the province's claim, saying legal 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.

'A weak policy that lacks legislated backing'

A spokesperson for the Ottawa Catholic School Board said 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 an order or the province legislates masks in schools, the Catholic board could "quickly implement" that, read an email from spokesperson Sharlene Hunter.

She described mask-wearing as a "divisive issue" and said mandating them without official support would cause "unnecessary conflict."

Hunter added suspending or excluding students or staff who don't cover their faces would 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 the motion.

'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 Vista representative 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.

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 vote against 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 mask mandates," she said. "The board has no authority to enforce the mask mandate."

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

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 at our board because we need to stay in our lane," she added.

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