Supreme Court Will Hear BCTF Appeal

The Supreme Court of Canada announced on Thursday they will hear the BC Teachers’ Federation (BCTF) appeal of the 2015 BC Court of Appeal ruling.

BCTF President Jim Iker said it is a very important step, and they are looking forward to presenting their arguments to the nation's highest court.

“It's been 14 years since the original unconstitutional legislation that stripped our collective agreements, but BC teachers are still very committed to our efforts to win back those important working conditions for teachers, which are also our students' learning conditions,” said Iker.

In 2002, the provincial government stripped teachers' collective agreements by legislation.

In 2011, the BCTF won at BC Supreme Court when that legislation was declared unconstitutional.

Less than a year later, the government put a very similar piece of legislation in place, which the BCTF challenged in court. 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.

Because of the 2011 decision, BC teachers have the right to bargain class size, class composition, and certain staffing levels.

“Going forward, the BC Teachers' Federation will continue to use the collective bargaining process to achieve better working conditions for teachers and better learning conditions for our students,” said Iker.

Iker said the government should work now, instead of later, to properly fund public education and address teachers' longstanding concerns.

“A month from now, the BC Liberal government will deliver its 2016 budget. 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. “This is the year for government to make a real shift. It's time to invest in BC's kids again.”

Iker said everyone is positive going in to the next decision.

“We never give up, our teachers never give up,” he said.

By stripping our collective agreement 14 years ago the government did so much harm to #bced. It's time to invest in kids again, Jim Iker

— BCTF (@bctf) January 14, 2016

In response, Education Minister Mike Bernier said the BCTF’s application to have their case heard is part of the democratic process.

"We are confident in our legal position and appreciate any further guidance the court may provide,” he said. "Regardless of the court challenge, we are working collaboratively with the BCTF to implement the new curriculum and ensure teachers are trained to deliver its benefits to students.

“It's worth noting that since the last round of bargaining government's relationship with the BCTF has never been better.”

Bernier also boasted some positive statistics in his response.

"B.C. students rank first amongst all English speaking countries in reading, science and math in international testing,” said Bernier. “We will keep working with the BCTF so students benefit from making our great education system even better.

“As for the details of the case, as it is before the courts, it would be inappropriate to comment further."

Below is footage from BCTF President Jim Iker, courtesy the BCTF. Iker's speech starts at 2:00.