Minister Confirms Government Will Appeal BCTF Court Ruling

This article was last updated on April 16, 2022

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Education Minister, Peter Fassbender, announced in press conference on Tuesday that the government has decide to appeal against the recent B.C. Supreme Court ruling that restored certain bargaining rights for teachers. Fassbender alleged that he disagrees with the verdict of Justice Susan Griffin, who ruled last week that the Liberal government has twice passed unconstitutional legislation to limit teachers from bargaining on class size and composition.

Fassbender mentioned that “government has a different interpretation of prior Supreme Court of Canada decisions related to the freedom of association than was outlined in the judgment,” as he alleged that the province seeks “clarity” on the issue. In addition to his ruling, Justice Griffin also established that the Liberal government tried to provoke a strike with teachers two years ago for the sake of imposing legislation upon the B.C Teachers’ Federation. Consequently, the court granted $2 million in damages to the BCTF and the ruling could retroactively restore class size and composition language stripped from teachers’ contracts in 2002.

Speaking about that restoration, along with its “rigid formulas” for class sizes, Fassbender alleged it would cost the government “upwards of $1 billion,” and added that “in practical terms the judgment is completely unaffordable for taxpayers.” He alleged that “it would create huge disruptions in our schools and most importantly it will prevent districts from providing the right mix of supports that our students actually need.” Fassbender confessed that he is unclear about the legalities of how government can bargain a new contract in light of a court decision it is choosing to appeal.

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