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

New Seven Sisters replacement confirmed

Mental health facility will have 25 beds, up from 20 in current facility

Convicted animal abuser to return to B.C. court May 21

Catherine Jessica Adams is facing a breach of probation charge

Healthcare travelling roadshow aims to inspire high school students across B.C

Over 2,000 youth in different rural communities will be visited through this project

Gallery: Project Heavy Duty inspires students into it’s 32nd year

The event is a collaboration between SD91 and industry in and around Vanderhoof, Fraser Lake and Fort St. James

Madison Scott’s mother hosts event to keep search for her missing daughter alive

Eight years ago, the Vanderhoof teenager disappeared, and the RCMP continue to chase leads

Rescuers finally persuade Eiffel Tower climber to come down

The official said the man was ‘under control and out of danger’ on Monday night

LETTER: Fletcher ‘blurs reality’ on B.C. union public construction

Bridge, highway projects awarded to companies, not unions

Killer of Calgary mother, daughter gets no parole for 50 years

A jury found Edward Downey guilty last year in the deaths of Sara Baillie, 34, and five-year-old Taliyah Marsman

Terrace hospital’s business plan approved

Health Minister’s announcement opens door to construction phase

Federal government funds millions to help B.C. police spot drugged driving

Many police departments have expressed wariness about using the only government-approved roadside test

Judge: Mississippi 6-week abortion ban ‘smacks of defiance’

The new law would prohibit most abortions once a fetal heartbeat can be detected

Oil companies, 24-cent gap between B.C., Alberta to be focus of gas price probe

Premier John Horgan called the spike in gas prices ‘alarming’

Motorcycle deaths spike 50% since 2017

Riders were most likely fatally crash on the weekends compared with the rest of the week

Mother of accused charged in death of Surrey teen girl found in torched SUV

Manjit Kaur Deo charged with ‘accessory after the fact’ in 2017 death of Surrey teen

Most Read