Minister of Education Peter Fassbender has issued the following statement on the government’s relations with the BC Teachers’ Federation:

“On Jan. 27, B.C. Supreme Court released its decision on whether the Education Improvement Act, 2012, and the consultation process that preceded it, was an adequate response to a previous court ruling that the government had infringed the freedom of association of BCTF members when it legislated specific provisions out of the teachers’ contract back in 2002.

“The case focused on public-sector union bargaining rights and Justice Griffin’s interpretation of how these rights limit the ability of elected governments to set education policy. The judgment centred on the union’s interests, not students’ needs.

“It is the BCTF’s job to defend its members’ interests and has done so with passion and vigor. But it is government’s responsibility to balance those interests against the best interests of students, their families, and the 4.6 million British Columbians who already invest nearly $5 billion into the K-12 education every year.

“That is what our government has always done and will continue to do — and that is why we will appeal Justice Griffin’s decision.

“From a legal perspective, government has a different interpretation of prior Supreme Court of Canada decisions related to freedom of association than was outlined in the judgment. The government acknowledges that all individuals in Canada have a protected freedom to associate, but we do not agree this gives the BCTF the ability to override government’s duty to make fiscal and policy decisions in the public interest.

“Government’s comprehensive legal arguments will be set out in its factum, which in accordance with the Court of Appeal timelines must be filed within 90 days of the notice of appeal.

“In practical terms, the judgment is completely unaffordable for taxpayers. It would create huge disruptions in our schools and, most importantly, it will prevent districts from providing the right mix of supports that our students actually need.

“We are proud of our track record in education and we intend to build on it.

“Over the past 13 years, we’ve increased annual funding by $1 billion, even while student enrolment has declined by an unprecedented 9.4 per cent. Student success rates have increased and on major international assessments, British Columbia students rank among the very best in the world.