Burnaby Teachers’ Association president Rae Figursky said she was disappointed by a B.C. Court of Appeal decision Thursday that ruled the province did not violate teachers’ constitutional rights with 2012 legislation that limited bargaining on class size and composition.
But the local union head said she had always known the next step would be either the province or the B.C. Teachers’ Federation applying for leave to appeal to the Supreme Court of Canada.
“Kids in classrooms deserve more than they have had for the past 13 years,” Figursky said in a text to the NOW, “and if the B.C. government won’t properly support and fund their learning, teachers will keep fighting for them.”
On Thursday, a panel of five judges upheld the government’s appeal of Justice Susan Griffin’s 2014 decision that ruled Bill 22 -- legislation that restricted teachers' bargaining on class size and composition -- was unconstitutional.
The judges ruled that "the legislation was constitutional. Between the consultations and the collective bargaining leading up to the legislation, teachers were afforded a meaningful process in which to advance their collective aspirations. Their freedom of association was respected."
Four of the five judges agreed with the decision, while one judge dissented. The dissenting judge agreed that the consultation was relevant, but agreed with the trial judge that the government failed to consult in good faith.
Premier Christy Clark said she was "very pleased" with the court ruling, while Teachers’ Federation president Jim Iker said the union will seek leave to appeal the decision to the Supreme Court of Canada.
"We fundamentally disagree with the decision which focuses on pre-legislative consultation by government," Iker said in a news conference after the ruling.
With files from Tracy Sherlock and Rob Shaw, Vancouver Sun.
Correction:
In an earlier version of this story, the NOW reported the B.C. Court of Appeal had upheld 2002 legislation as constitutional. The subject of Thursday's ruling was, in fact, Bill 22.
