Parents take province to court over order keeping some kids out of classrooms during strike

Parents of students who rely on educational assistants are suing the province. Nav Sangha has the latest.

A group of parents and guardians are appearing in court on Friday to ask for an injunction to suspend a ministerial order that has kept some children out of their classrooms for five weeks.

The order exempts the board of trustees of Edmonton Public Schools (EPSB) from requirements under the In-person Learning Regulation for select students.

It was issued on Jan. 12, the day before members of CUPE 3550, which represents educational assistants (EAs) with EPSB, went on strike.

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“The ministerial order was issued from Calgary on Sunday, Jan. 12, 2025, without any apparent notice to the public or the students, and signed by the defendant Minister of Education, Demetrios Nicolaides,” the court filing by the parents says.

“The ministerial order allows the EPSB to require children with ‘complex needs’ to stay home from their schools and engage in full- or part-time ‘at home learning’ during the strike.”

The parents and guardians all have children who require an EA to attend school.

Some of the children have been allowed to come to school some days of the week, some have been forced to attend different schools and programs since the strike started, and one has not been able to attend school at all since Jan. 11.

The group claims in its filing that EBSP said the order would require almost 3,700 students to learn at home.

In court on Friday, the group’s lawyer, Orlagh O’Kelly, argued for an injunction until an official trial.

She said the order is discriminatory and is causing irreparable harm to the students.

O’Kelly shared affidavits from the parents that the children have been experiencing behavioural issues because they’re not in school.

The Crown argued the health and safety of students with complex needs would be at risk if they were allowed in school without EAs, adding the parents were providing opinion evidence and are not experts.

The Crown also argued EPSB should be involved in the hearing because it implemented the order.

The judge is expected to make a decision on the injunction next week.

With files from CTV News Edmonton’s Nav Sangha