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ARTICLE · 01 JUNE 2016

Supreme Court Agrees To Hear Constitutional Class Size Case

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The Supreme Court of Canada announced it would hear an appeal of a recent British Columbia Court of Appeal decision relating to the right to collectively bargain issues relating to teachers' working conditions.

CanadaEmployment and HR
Maddie Axelrod
Maddie Axelrod
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On January 14, 2016, the Supreme Court of Canada announced it would hear an appeal of a recent British Columbia Court of Appeal decision relating to the right to collectively bargain issues relating to teachers' working conditions.

The decision being appealed, British Columbia Teachers' Federation v. British Columbia, 2015 BCCA 184, relates to the B.C. government's attempts to alter teachers' working conditions through legislation rather than through collective bargaining.

Facts

In 2002, the B.C. government enacted legislation known as Bill 28 that declared void certain terms of the collective agreement between the British Columbia Teachers' Federation ("BCTF") and the British Columbia Public School Employers' Association ("BCPSEA"). The effect of Bill 28 was to remove the BCTF's ability to negotiate class size and class composition as part of their working conditions.

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