BC teachers delighted as Supreme Court to hear long-running dispute

Last April, the B.C. Court of Appeal decided that the provincial government did not violate teachers’ charter rights to bargain class size and composition, reversing a B.C. Supreme Court ruling. In 2014, the BC Supreme Court that ordered restoration of more bargaining discussions, but in 2015, the BC Court of Appeal overturned the 2014 decision.

This ongoing case dates back to 2002 when the government stripped teachers’ collective agreements by legislation.

In response, Education Minister Mike Bernier said the BCTF’s application to have their case heard is part of the democratic process. “Enrolment is starting to increase after years of decline and we know there are more students with special needs, refugee students, and others with unique needs entering the system”, said Iker.

A long-term contract has been signed between teachers and the provincial government and Iker says relationships with the province have improved, but teachers still have a duty to resolve this issue.

“Class sizes are larger, class composition has deteriorated and 1,000 teaching positions have been closed”, Iker said.

“An entire generation of B.C. students has been shortchanged”.

Bernier also says the Province continues to work collaboratively with the BCTF on a number of different goals to make sure B.C.’s students benefit. He said the government’s relationship with teachers has never been better.

“The BCTF is very pleased with the Supreme Court of Canada’s decision to hear our appeal”.

“You’re talking about the degree to which collective bargaining and the right to strike are protected by the constitution”, said University of B.C. law professor Joel Bakan.

“We don’t believe that government has the right to simply ignore collective agreements and rip them up by saying that they are not in the public’s interests”, said Ball.

The BCTF won another significant victory Thursday in its ongoing dispute with government when the Supreme Court of Canada ruled that it will hear its appeal on the matter.

Even with the long waiting period that typically comes with Supreme Court of Canada cases – Iker expects a hearing will be held in the fall, with the decision coming down next year – a final ruling on teachers’ bargaining rights will still come down before the teachers can return to the bargaining table in 2019.