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

Mathieu Caron leads Chilliwack Chiefs to shutout win over Wenatchee Wild

Chilliwack’s netminder stopped 29 pucks Saturday night in a BCHL Showcase game at Prospera Centre.

Chilliwack Chiefs erase three goal deficit in overtime win

Down 3-0 to the Cowichan Capitals, the Chiefs came back to win 4-3 in the BCHL Showcase match.

Chilliwack man feeling helpless about puppy stolen while at church

Evidence of neighbour trespassing and accusing him of dog neglect not enough for RCMP

UPDATE: Missing Chilliwack man has been found

Chilliwack RCMP is thanking the public for keeping an eye out

UPDATED: Chilliwack councillor’s expenses being sent to the RCMP

Decision to have expenses audited and shared with RCMP taken at special meeting of council

Conservation officer frees B.C. deer from flotation gear mishap

BC Conservation Officer Service is reminding residents to keep backyards clear of entanglements

Czarnik nets 3 as Flames dump Canucks 5-2

Calgary picks up exhibition win over Vancouver

Ottawa to name new ambassador for women, peace and security, Freeland says

Chrystia Freeland also confirmed Canada would spend about $25 million to fund number of initiatives

‘A little bright spot:’ Ottawa residents rescue dog trapped beneath rubble

Freelance journalist says rescue of a dog trapped under rubble was happy ending amid chaos in Ottawa

B.C. deaf community wants different sign languages on federal accessibility act

Advocates also want Indigenous Sign Language to be recognized on the Indigenous Language Act

Remainder of Vancouver Whitecaps season filled with ‘must-win’ games: coach

With Vancouver currently sitting four points out of a post-season spot, each contest is crucial

VIDEO: B.C.-born firefighter remembered by MP in emotional speech

Family asks first responders to look after one another in wake of suicide, growing concerns of PTSD

Airline has ‘close call’ with drone while en route to B.C. airport

Jazz Aviation reported the drone sighting near Vancouver to the RCMP and Transport Canada

Tragic accident claims life of B.C. toddler

Fundraising effort has been created to help mom and family

Most Read