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BC Government Wins Appeals Over BCTF


DonLever

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A special 5 member BC Court of Appeal panel has found Bill 22 did not infringe on teachers charter rights to freedom of association.

In its 4-1 decision, the court found also found the province did not act in bad faith when it put that legislation into place.

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From CKNW:

Two big wins for the provincial government in B.C.s highest court in the case over teachers rights to bargain class size and composition.

A special five-member BC Court of Appeal panel has found the provinces Education Improvement Act, otherwise known as Bill 22, did not infringe on teachers charter rights to freedom of association.

In its 4-1 decision, B.C.s top court also ruled the province did not act in bad faith when it put that legislation into place.

By tossing out the ruling by BC Supreme Court Justice Susan Griffin, the appeal court has ruled teachers rights were respected through various consultations with the BC Teachers Federation and collective bargaining that led up to the legislation being introduced.

Judge wrong in ruling the province acted in bad faith during bargaining.

In ruling that he lower court judge erred in ruling the province didnt consult in good faith, the majority opinion was that the courts dont have the proper tools to make those types of assessments.

In this ruling, the province also won another battle with the BCTF over the release of cabinet documents.

The appeal court ruled unanimously it was not right for the lower court to make a ruling allowing for the release of those confidential documents.

Under court rules, the BCTF has sixty days to apply to the Supreme Court of Canada.

If they do that, Canadas higest court has to decide whether to hear that appeal.

Out of eighty applications from B.C. made to the Supreme Court of Canada last year, only eight were heard.

Todays decision was co-authored by BC Chief Justice Robert Bauman, and BC Court of Appeal Justice David Harris.

The dissenting opinion came from BC Court of Appeal Justice Ian Donald, who happens to be a former labour lawyer.

Will BCTF appeal?

Teresa Rezansoff head of the BC School Trustees Association says they are taking todays decision in stride knowing full well this is likely not the end of this legal fight.

However we work our way through this as a sector it needs to be with keeping our students in mind at all times and ensuring we can to provide for them and that stability that is so important for their learning.

Though its unlikely, Rezansoff says she hopes both parties can find their way to a mutual agreement in light of todays court ruling.

Premier Christy Clark says todays decision is giving everyone the opportunity to put the disputes in the past

And its a chance for us to focus on doing whats really best for kids and students by working together

Education Minister Peter Fassbenders comments this morning also focused on collaboration

Today is another step where we can lay down the gauntlet to each other and say were going to focus on student outcomes weere going to focus on the future of education.

Fassbenders scheduled question and answer session has been postponed to later today.

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Regardless of what side of the fence one is on regarding this topic, this was a surprise. It is unfortunate however as this sends a message to the government that what they have been doing to both public education and workers rights in this province is acceptable.

A wise person once said that everything in life happens for a reason....but what could this reason be?

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IMO, this is one of the issues that will never really be gone, it has been an issue since I was a kid. There will always be a Tug-O-War between the ruling party and the teachers governing body as to who controls what. The Liberally named Provincial Conservative Party, D.B.A the BC Liberals definitely won this round. It used to be an ideological battle, now it's a power struggle.

One thing is certain. There will be some irate folks posting and others who will try and light the fuse.

giphy.gif

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From CKNW:

Two big wins for the provincial government in B.C.s highest court in the case over teachers rights to bargain class size and composition.

A special five-member BC Court of Appeal panel has found the provinces Education Improvement Act, otherwise known as Bill 22, did not infringe on teachers charter rights to freedom of association.

In its 4-1 decision, B.C.s top court also ruled the province did not act in bad faith when it put that legislation into place.

By tossing out the ruling by BC Supreme Court Justice Susan Griffin, the appeal court has ruled teachers rights were respected through various consultations with the BC Teachers Federation and collective bargaining that led up to the legislation being introduced.

Judge wrong in ruling the province acted in bad faith during bargaining.

In ruling that he lower court judge erred in ruling the province didnt consult in good faith, the majority opinion was that the courts dont have the proper tools to make those types of assessments.

In this ruling, the province also won another battle with the BCTF over the release of cabinet documents.

The appeal court ruled unanimously it was not right for the lower court to make a ruling allowing for the release of those confidential documents.

Under court rules, the BCTF has sixty days to apply to the Supreme Court of Canada.

If they do that, Canadas higest court has to decide whether to hear that appeal.

Out of eighty applications from B.C. made to the Supreme Court of Canada last year, only eight were heard.

Todays decision was co-authored by BC Chief Justice Robert Bauman, and BC Court of Appeal Justice David Harris.

The dissenting opinion came from BC Court of Appeal Justice Ian Donald, who happens to be a former labour lawyer.

Will BCTF appeal?

Teresa Rezansoff head of the BC School Trustees Association says they are taking todays decision in stride knowing full well this is likely not the end of this legal fight.

However we work our way through this as a sector it needs to be with keeping our students in mind at all times and ensuring we can to provide for them and that stability that is so important for their learning.

Though its unlikely, Rezansoff says she hopes both parties can find their way to a mutual agreement in light of todays court ruling.

Premier Christy Clark says todays decision is giving everyone the opportunity to put the disputes in the past

And its a chance for us to focus on doing whats really best for kids and students by working together

Education Minister Peter Fassbenders comments this morning also focused on collaboration

Today is another step where we can lay down the gauntlet to each other and say were going to focus on student outcomes weere going to focus on the future of education.

Fassbenders scheduled question and answer session has been postponed to later today.

One more step and it will be over.

Unless you can appeal the supreme courts decision?

Who pays the cost of all this? Government? Teachers? Taxpayers??

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One more step and it will be over.

Unless you can appeal the supreme courts decision?

Who pays the cost of all this? Government? Teachers? Taxpayers??

Unless the court says the loser pay costs, both parties to the lawsuit are on the hook for legal fees. Since the court did not mention costs, both the BCTF and the goverment are responsible for legal fees. In the case of the government, taxpayers, for BCTF, union members.

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Are you a teacher? :emot-parrot:

No, just my wife--and she's the worst. Always coming home from her sweet cushy job with mad bling after brainwashing all those kids with her pinko babble. She's so lazy makes me throw up a little in my mouth. I hope Christy doubles her class size so she'll actually have to work!

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Unless the court says the loser pay costs, both parties to the lawsuit are on the hook for legal fees. Since the court did not mention costs, both the BCTF and the goverment are responsible for legal fees. In the case of the government, taxpayers, for BCTF, union members.

Thanks for the info!

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No, just my wife--and she's the worst. Always coming home from her sweet cushy job with mad bling after brainwashing all those kids with her pinko babble. She's so lazy makes me throw up a little in my mouth. I hope Christy doubles her class size so she'll actually have to work!

I hope this is real, because y'know, anti-feminist movement needs more support.

edit: This was sarcasm.

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Well the teachers need to start taking matters into their own hands. Let education suffer. Start work at the prescribed time and come the final bell, drop everything and head out the door as their day is over. No prep or marking or anything to do with teaching outside of school working hours. Unfortunately it's going to take some suffering on behalf of the students for this government to realize that they themselves are the problem; not the teachers.

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