Skip to content

Teachers to legally challenge Bill 22

B.C. teachers have decided to fight Bill 22, the so-called Education Improvement Act. B.C.

B.C. teachers have decided to fight Bill 22, the so-called Education Improvement Act. B.C. Teachers' Federation (BCTF) president Susan Lambert announced on March 21 that a legal challenge to the controversial Bill will be mounted in the weeks to come.

The decision came after about 700 teachers gathered for a four-day annual general meeting in Vancouver. BCTF members decided to proceed with a "bold plan of action with the ultimate goal of having the so-called Education Improvement Act repealed," a press release from the BCTF stated.

"Christy Clark as education minister started this fight 10 years ago with her legislation that stripped teachers' collective agreements of our bargaining rights and of guarantees for the quality learning conditions for students," Lambert said when the decision was announced. "The B.C. Supreme Court found her bills to be illegal and unconstitutional, yet her government has done nothing to show respect for the ruling, for public education or for the teachers and students of B.C. In fact, they're violating the rights of teachers and cutting the same services to students with Bill 22."

She said teachers are deeply concerned about the effect of Bill 22 on class size and class composition.

"The legislation removes any effective limits on class sizes from grades 4 to 12 and eliminates caps on the numbers of students with special needs assigned to any particular class. Furthermore, it doesn't address the loss of more than 1,500 learning specialist teachers, whose skills are desperately needed to support all students' learning," the BCTF press release stated.

Of particular concern to teachers is what the BCTF is calling a "cash for kids clause" that would see some teachers paid extra for having classes exceeding 30 students.

Teachers plan to refuse to accept the additional pay on a matter of principle.

Sunshine Coast Teachers' Association president Louise Herle said the idea of paying teachers to teach unmanageable class sizes is "ridiculous."

"It again just points to the commodification of education, turning education into a business when we all know education is there to serve the students, to serve the parents and really be a great equalizer. Given the ridiculous eighth year in a row highest child poverty rate for British Columbia, education has to be there to serve all," she said.

Herle said she took exception with the fact Education Minister George Abbott was in Beijing signing a deal for a new offshore school in Xianghe on March 21 when the teachers' plans were announced.

"He's in China making our education into a commodity rather than a service. Education's not a business," she said.

How the BCTF will proceed with the legal challenge has yet to be decided; however, Herle noted a charter challenge may be forthcoming.

"It is necessary to challenge this damaging legislation. It's necessary to challenge it from all angles," she said.

In addition to the legal challenge, the BCTF plans to vote on an action plan on April 17 and 18 that could include a possible full withdrawal of services in response to Bill 22.

That action plan will also deal with "other measures" yet to be released by the BCTF.

"Teachers are angry, teachers are frustrated, teachers are committed, and we won't give up," Herle noted.

Bill 22 was passed in the legislature on March 15. It enforces hefty fines for strike action taken by teachers during a six-month mediation period set out by the province.

Government has asked both parties to submit names of potential mediators they would like to see take on the task.

Bill 22 also extends the teachers' existing contract and implements a Learning Improvement Fund of $165 million over three years.

Abbott was unavailable for comment by Coast Reporter press time.