VANCOUVER — The Supreme Court of Canada will hear an appeal by British Columbia teachers over provincial legislation that blocked them from negotiating class size and composition.
The teachers are appealing a decision by the province's court of appeal, which said the legislation did not violate their rights under the Charter of Rights and Freedoms.
"We never give up," said B.C. Teachers Federation president Jim Iker at a Vancouver news conference held shortly after the decision.
"It's another important step in this long journey through the court system for us," he said.
"By unconstitutionally stripping our collective agreement 14 years ago, this government did so much harm to our public education system."
The province first imposed legislation that removed teachers' ability to bargain class size and composition in 2002. After a B.C. Supreme Court judge deemed the legislation unconstitutional in 2011, the province was given one year to address the repercussions of the decision.
Over the next year, the province and the BCTF discussed the decision and the union engaged in collective bargaining. A new agreement was not reached and the province imposed new legislation in 2012.
Similar to the previous legislation, it restricted school boards' power to establish class size and composition and determine staffing levels.
The dispute led to a bitter strike that cut the school year short in the spring of 2014 and was not resolved until September of that year.
A long-term contract has been signed between teachers and the provincial government and Iker says relationships with the province have improved, but teachers still have a duty to resolve this issue.
"We've always said that the BCTF's application to have their case heard in the Supreme Court of Canada is part of the democratic process. We are confident in our legal position and appreciate any further guidance the court may provide," said Education Minister Mike Bernier in a release.
Thursday's decision to hear the appeal means the teacher's union has 30 days to file its next submissions.
A hearing date has not been set, but Iker hopes it can be held in the fall, with a decision announced sometime next year.
