Northern Sask. school division keeps vaccine policy for staff, doesn't rule out future masking

Nearly all Saskatchewan schools have announced they're planning to lift their COVID-19 mandates as the provincial government does, but the Northern Lights School Division (NLSD) which covers most of the province's north is taking a different approach.

Jason Young, NLSD's director of education, said the division is keeping its proof-of-vaccination or negative test policy for its staff.

"Our schools are in remote locations with a lack of services and resources, so we just felt it was prudent to proceed cautiously by having measures in place for the short term," he explained.

According toEducation Minister Dustin Duncan's written legal directivesent out to school boards last Friday, "proof-of-vaccination or negative tests for employees remain within the discretion of the employer."

When it comes to Duncan's request for school divisions to drop the masking mandate at the end of the month, Young said NLSD plans to comply. However, at that time, should the region's local medical health officers feel masking should remain, school administrators are prepared to work with them to get official provincial approval.

"It's something we feel is necessary for us up here," he said. "Throughout this whole pandemic, we've certainly relied on [local] health expertise to guide us along the way and I think we'll just continue with that approach."

Schools advised to focus on other health measures

NLSD leadership also intends to keep other health measures still within their control, such as only allowing staff and students inside schools, Young said.

That plan aligns with general advice given in a Saskatchewan School Boards Association legal services document circulated to divisions earlier this week and obtained by CBC News.

In it, administrators were advised of measures "similar to how divisions protected students and staff before vaccinations were available."

Another example includes sending individuals, classrooms or the entire school home,should the division not be able to ensure safety and adequate supervision.

LISTEN | Sask. governmentlegally directs all school boards to drop mandates

Consequences for non-compliant school divisions

According to some lawyers' interpretations of the The Education Act, if school divisions choose not to comply with the minister's instructions to drop COVID-19 mandates, their funding could be in jeopardy.

If the minister finds any board of education in breach of their directive, they can "cease making any payment" or "may retain the amounts of any payments," section 315.1 reads.

Roger Lepage, a Regina-based lawyer and partner with Miller Thomson LLP, said this clause wouldn't have stood without Duncan's letter to school boards last week.

"The minister probably realized that without that written directive school divisions could have continued drafting their own health policies or vaccination policies with respect to COVID, but the minister obviously wanted everybody to toe the party line on this one," Lepage explained.

"It's extraordinary power, but it's there in the[Education Act]."

Another route the Ministry of Education could take, should school boards not abide by the minister's directive, is to see the case through the courts.

"One potential option is for the minister to take an application to Court of Queens Bench alleging a violation of section 4.02 [of The Education Act] and a judge would rule on it," said Louis Browne, a lawyer and partner with Willows Wellsch Orr & Brundige LLP in Regina.

He noted that it's likely the ruling would be in favour of the government because the school division would be violating the legislation. At that point, a court order would be issued, once again legally forcing the divisionto listen to the minister's instructions.

"If you want to comply with the law, you've got to execute the directive," Browne said. "I don't see any wiggle room."