October 13, 2005
VANCOUVER – Labour and Citizens’ Services Minister Michael de Jong made the following statement today regarding the teacher dispute:
Rule of Law is Paramount
It is with sincere regret that I feel compelled to make the following statement. I have just read the judgment from the Supreme Court of B.C. that penalizes the B.C. Teachers’ Federation for ignoring an earlier contempt of court ruling. It is an unprecedented ruling, reaffirming the court’s earlier decision and requiring BCTF members to return to work immediately.
The order is clear. The union cannot use any of its assets, including its offices, faxes or website to further this illegal action. It cannot pay its members for the time already spent carrying out this illegal activity and it cannot pay them for any further breach of the law. In light of such an unprecedented ruling, I am today appealing to individual teachers to do what is right. Return to your classes. I make this appeal not just because it is the right thing to do for students and their families, but because the court has ordered it.
Returning to the Class
So for those individual teachers who remain fearful of what will happen if they choose to return to work in accordance with the court order, they should know that there are provisions in the Labour Code. Those provisions provide protections for all unionized employees. Quite simply, the union cannot impose penalties for a member who refuses to participate in an activity that is against the law.
Moving Forward
I want members of the union to know, the very day this union respects the court, we will sit down and talk. We will not be entering into discussions with the BCTF while they remain in contempt. It would be an affront to the courts and the court’s authority for anyone, including government, to take any action that would attach pre-conditions on the court’s ruling. We will respect the ruling, stand behind the courts and say clearly and unconditionally, stand down this illegal action and end this illegal strike.
It is time to move forward and get on with fixing a broken bargaining system for the education sector. I am reaching out to those in the B.C. Teachers’ Federation and other education stakeholders to work with Industrial Inquiry Commission Vince Ready to develop a bargaining framework that has a chance of reaching a negotiated settlement, something that has not happened in more than a decade. Get involved in the Learning Roundtable and let’s talk about the issues raised around class size and composition. If we need to improve the School Act, let’s get on and do it.
We all agree that children – students – should be the top priority. All of us should keep that in mind as we consider our next steps in the days ahead.
