Appeal court stays order to reorganize schools

Education minister says there will be a "stable environment" for schools next fall while the court battle with teachers drags on

Education Minister Peter Fassbender

The B.C. Court of Appeal has suspended a lower court ruling that would force B.C.’s school districts to reorganize around teacher contract terms that were scrapped by the government in 2002.

Education Minister Peter Fassbender said the latest turn in the long-running legal battle with the B.C. Teachers’ Federation allows stability for parents and students while negotiations continue on class size, special needs support and other issues.

The decision provides a “stable environment” for the 60 school districts to prepare for next September under existing arrangements, he said.

“We need to now get back to the table and see if we can find that sweet spot between both parties where we have a negotiated settlement,” Fassbender said.

Those negotiations, to replace an imposed contract that expired last June, are scheduled to continue next week as BCTF members take a strike vote.

The appeal court decision, released Wednesday, allows the government to pursue its appeal of a January ruling that it argued would cause major disruption to schools, which will likely take several months.

In January, B.C. Supreme Court Justice Susan Griffin found for a second time that B.C. legislation imposing contract terms violated teachers’ right to collective bargaining.

In his decision, Justice David Harris agreed with submissions from district superintendents around the province.

“The evidence demonstrates that the immediate reinsertion of the deleted terms into the collective agreement will probably lead to a dislocation of current planning and budgeting or the next school year, immense challenges in hiring sufficient suitably qualified staff, lay-offs of employees, change to available school programs, cancelling school programs, creating more classes, moving students to other schools, disrupting programs for special needs students, the provision of additional classroom space (likely through the addition of portables where space permits), and the breaking of contracts with community groups who use school space for their activities as school districts reclaim the needed space to accommodate additional classes,” Harris wrote.

BCTF lawyers had argued that the 2002 rules could have been reinstated in time for the September 2014 school year. Harris said it would be unlikely the appeal of constitutional arguments would be complete by then, and if it is successful, the school system would have to be made over again.

 

Just Posted

Alberni teen earns black belt in taekwondo

Lachlan Duncan of Port Alberni earned his black belt at Dragon Martial Arts

ARTS AROUND: See magic on the stage at the Capitol Theatre

Murray Hatfield and Teresa don’t just do magic—they are magic

ELECTION 2018: Ron Corbeil runs for Port Alberni city council

Corbeil wants to focus on the economy, livability and affordability

San Group adds third shift to its Port Alberni mill

The new shift will mean 40 to 50 more jobs

BCHL: Mackenzie Wight returns to Bulldogs lineup

Forward returns following a Memorial Cup run with WHL’s Swift Current Broncos

VIDEO: 41 years later, Saanich author publishes story he wrote at 6 years old

Troy Wilson originally created Captain Otter while Port Alberni Grade 1 student

Jagmeet Singh says marijuana pardons are not enough

Trudeau government will streamline pardon process for Canadians convicted of simple possession of marijuana in the past

Caregivers banned from smoking, growing cannabis around children-in-care: MCFD

Ministry has limited cannabis use for caregivers, stating it may “pose a risk to children and youth.”

Cheaper strains sell out within minutes on online BC Cannabis Store

Province says new strains will become available in the coming months

Only 40% of B.C. car dealerships have electric cars available: report

Researchers found buyers frustrated at the lack of options

VIDEO: Millionaire Lottery returns to give back and win big

Since 1996, Millionaire Lottery has raised $52 million for the VGH+UBC Hospital Foundation

Test case challenges a politician’s right to block people from Twitter account

3 people say Watson infringed their constitutional right to freedom of expression by blocking them

‘A little odd’ B.C.’s biggest city celebrates cannabis without a legal store

On the streets of downtown Vancouver, notably the Wild West of illegal marijuana, not a single legal store opened Wednesday, making for a rather anticlimatic kick-off

Most Read