Justice Griffin reaffirmed today that Bills 27 and 28 legislation is unconstitutional and invalid, but she declined to offer further clarification of her April decision.
The offending Bills 27 and 28 eliminated class size, class composition, specialist staffing, and hours of work from the teacher collective agreement and led to diminished services for students. This legislation also prohibited future bargaining on these issues.
In the original decision, the Justice gave the government a year to achieve a remedy to the legislation that was not consistent with collective bargaining rights guaranteed under Freedom of Association in the Charter of Rights and Freedoms.
“Our purpose in seeking a ruling at this time was to get clarity that would lead quickly to better conditions in classrooms. The decision doesn’t change our objective of getting improvements as soon as possible,” Lambert said.
“To this point, government has refused to even consider the return of collective bargaining rights taken away illegally a decade ago,” Lambert said. “The government could have corrected the situation immediately, which would have meant improvements in classrooms this school year. Instead, the government is just putting off restoring necessary conditions for teaching and learning.”