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ARTICLE · 08 MARCH 2017

Now Hiring – British Columbia Teachers' Federation v. BC

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A recent decision from the Supreme Court of Canada ("SCC"), British Columbia Teachers' Federation v. British Columbia, [2016] SCC 49, is having a significant impact on education in British Columbia.

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A recent decision from the Supreme Court of Canada ("SCC"), British Columbia Teachers' Federation v. British Columbia, [2016] SCC 49, is having a significant impact on education in British Columbia.

Background

In 2002, the B.C. government enacted Bill 28 which declared void certain terms in the collective agreement between the British Columbia Teachers' Federation ("BCTF") and the British Columbia Public School Employers' Association ("BCPSEA"). The legislation removed the ability of BCTF to negotiate issues such as class sizes, staffing levels, teacher ratios and workloads.

In 2011, the B.C. Supreme Court ruled that Bill 28 was unconstitutional because it infringed s. 2 (d) of the Canadian Charter of Rights and Freedoms (the "Charter") and could not be justified under s. 1. The decision was suspended for one year to allow the government to draft remedial legislation. Following the decision, consultations between the B.C. government and BCTF and

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