Given the government’s conduct as of late, I am deeply troubled. I’m sure we all expect the governments we elect to be principled and to follow the rule of law. It appears as though this is not happening.
I would first have written this letter to Eric Foster, our MLA, but since I believe he is also the government’s whip, I am more than certain he is apprised of the following facts. In 2002, the B.C. government (Liberal) brought about Bill 28.
Within Bill 28, the most active legislation concerned first removing, unilaterally, certain clauses of the teacher’s collective agreement that applied to working conditions. Another clause forbade the parties (teachers and school boards) from negotiating these issues in the future. Much the same language was used concerning B.C. health care workers, collective agreements.
The heath care workers, after lengthy litigation, appealed to the Supreme Court of Canada (SCOC). In 2007, the SCOC struck down wording, much like that found in Bill 28, as unconstitutional.
On April 13, 2011 the B.C. Supreme Court (BCSC) handed down a ruling that respected that of the SCOC, this time in respect to B.C. teachers.
Although, “normally the result after legislation is determined by a court to be unconstitutional is that it is struck down…..when legislation is struck down it means it was never valid, from the date of its’ enactment,” (Madam Justice S. Griffin, summary reasons for judgment – 2014-BCSC 121).
Recognizing the difficult situation that this placed the province of B.C. in, the court suspended the judgment one year before it took effect. Presumably, this time was given to allow the BCTF and the province time to settle their issues under law.
By many accounts, the province used this time, “to put such pressure on the union that it would provoke a strike by the union. The government representatives thought that this would give government the opportunity to gain political support for imposing legislation on the union,” (Madam Justice S. Griffin, summary reasons for judgment – 2014-BCSC-121).
After a year and one day (April 14, 2012), the province brought about similar legislation in the form of Bill 22.
The matter was again taken up by the B.C. Teachers Federation and others, before the SCBC. Madame Justice S. Griffin ruled Jan. 28, 2014 that Act 22 did not address the unlawful nature of Act 28 (2002) and ruled in favour of the BCTF, awarding it $2 million and costs.
So end the facts.
Well almost. The province appealed, on grounds that we are not sure of, to the B.C. Court of Appeals.
Some questions for the electorate:
Do we want our governments to behave this way, unlawfully?
Do we want the last 20 years of education wars to continue? Do we like to see our schools continue work to rule and increasing turmoil in our school district?
Really, in the end, it’s all up to you. It’s your call now.
Bill Dunsmore
Vernon
