Education Minister Peter Fassbender has confirmed the province will appeal the recent British Columbia Supreme Court decision restoring collective agreement provisions stripped in 2002.
Justice Susan Griffin ruled that quashing teachers' provincial bargaining rights for class size and composition is unconstitutional, and ordered the province to pay $2 million in damages, plus court costs, to the B.C. Teachers' Federation (BCTF).
Fassbender says it is BCTF's right to defend its members' case, but it is government's responsibility to balance those interests against the best interests of students, their families and B.C.'s taxpayers.
"That is what our government has always done and will continue to do – and that is why we will appeal Justice Griffin's decision."
From a legal perspective, the B.C. Liberal government has a different interpretation of prior court decisions related to freedom of association than what was outlined in Griffin’s judgment, he adds.
"The government acknowledges that all individuals in Canada have a protected freedom to associate, but we do not agree this gives the BCTF the ability to override government's duty to make fiscal and policy decisions in the public interest."
The judgment is "completely unaffordable" for taxpayers and would create "huge disruptions" in schools, Fassbender says, adding it also prevents districts from providing the "right mix of supports that our students actually need."
Cariboo-Chilcotin MLA Donna Barnett says it was Fassbender's option to appeal, and his decision.
However, she agrees it is government's mandate to set policies for schools, students and taxpayers, and says she also concurs that a freedom to unionize doesn’t mean a right to override government.
"If it does [mean that], I believe the democratic system in this country is in trouble."
To her, "unaffordable" means not only financial impacts to taxpayers, Barnett explains, but also the void that will be left in education when money is pulled to cover these teacher and classroom supports.
Fassbender adds the court case focused on public sector union bargaining rights, and Griffin's interpretation of how these rights limit the ability of elected governments to set education policy.
"The judgment centred on the union's interests, not students' needs."
Cariboo-Chilcotin Teachers' Association president Murray Helmer says this case is indeed about the students.
He explains when student counsellors, special-needs teacher assistants, teacher-librarians and other supports have been cut while class sizes, and the number of students they contain with special needs, have been expanded.
"We were hoping for a settlement at the bargaining table but [last week's] bargaining dates were cancelled by Peter Cameron, chief negotiator for the school boards, and for government."
The education minister's announced appeal was "disappointing, but not surprising," he says.
"I really don't think they've listened when the judge said they haven't bargained in good faith. They've appealed the ruling and they've cancelled bargaining dates."