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

Rossland’s farmer’s market is wilting, but organizers hope to spur new growth

12-year-old market considered taking a year off, says manager

Police investigating man’s death in Winlaw

Foul play not established, but major crimes unit is investigating

Rossland Legion supports Skool Aid

Skool Aid assists low-income families in the Lower Columbia

Bilingual child care spaces coming to Castlegar

New daycare opening this summer will teach kids French and English

Motion calls on Rossland city council to recognize ‘climate crisis’

Andy Morel wants to raise awareness of urgent need for action by higher levels of government

VIDEO: Protesters in Penticton gather to rally against sleeping-on-sidewalk bylaw

The proposed bylaw would outlaw sitting or lying on the city’s downtown sidewalks

Kamloops girl, 9, recovering from carbon monoxide poisoning now out of ICU

Her mother who was sleeping in the same tent with her did not survive

‘I think he’s still alive’: B.C. mom pleads for help finding son last seen a month ago

Family offering $5,000 reward for information leading to the safe return of Tim Delahaye

New poll suggests one-third don’t want politicians to wear religious symbols

Local politicians shouldn’t be allowed to wear hijabs, crucifixes or turbans on the job, survey suggests

Raptors fans far from home adjust plans to watch pivotal playoff game

Raptors currently lead the playoff series 3-2, and a win Saturday would vault them into NBA finals

Five takeaways from the Court of Appeal ruling on B.C.’s pipeline law

It’s unclear how many tools are left in B.C.’s toolbox to fight the project

Kootenay man arrested and charged in 2015 murder

Nathaniel Jessup 32 of Creston has been charged with the second-degree murder of Katherine McAdam and offering an indignity to a body.

Scheer says it would take Conservatives five years to balance budget

Scheeraccused the Liberal government of spending $79.5 billion of previously unbudgeted funds

B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

The Vancouver-area man was arrested after officers caught him driving impaired twice in one day

Most Read