VICTORIA - 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.

"We've increased supports for students with special needs, including a 36 per cent increase in the number of full-time education assistants. Average class sizes are near historical lows of 19.3 students for kindergarten, 21.5 for grades 1 to 3, 25.7 for grades 4 to 7, and 23.0 for grades 8 to 12. To put that in perspective, in 1970 the average class size was 42.

"Over the past eight years, the number of classes with more than 30 students has dropped by 88 per cent. Less than two per cent of classrooms have more than 30 students, and of these, the vast majority are in subjects like band, drama and gym where larger numbers are beneficial and intentional.

"In fact, at 18 to one, the full-time equivalent student-teacher ratio is exactly the same today as it was before the disputed changes to the collective agreement were made in 2002. It is just that we organize our classrooms far more effectively today.

"The union, however, is seeking to further reduce teacher workload and manage classrooms through rigid and costly formulas and ratios that have no material bearing on the actual needs of students in the classroom.

"No other jurisdictions in Canada face these types of restrictions on school organization. Most importantly, if the real goal is to benefit students, decades of academic research has shown that blanket reductions in class size are of little benefit. Instead, our priorities must remain focused on complex classes where student supports are truly needed, expanding innovative learning opportunities across the board, and working to enhance teacher quality.

"Class composition must be carefully managed each and every year. But it requires informed professional judgment and discretion. Instead of rigid formulas and ratios, the most effective solution is to provide classroom teachers and school administrators with a stronger voice in allocating resources based on the unique needs of every classroom.

"That is why we must build on successful approaches like the $210 million Learning Improvement Fund. Last year, in consultation with teachers, the fund was used to support teachers with additional professional development, and to hire an estimated 500 new teachers, 400 new special education assistants and increase the hours for 7,400 special education assistants.

"Class size and composition are on the bargaining table, and that is where the discussion needs to occur. Negotiations with the BCTF will continue and our goal remains a 10-year agreement that creates labour stability for students, parents, teachers and communities.

"Parents and students want this issue resolved. And that's what government wants as well.

"But a successful outcome will require the BCTF to work with government to do what every other public-sector union has been able to do, which is to work with employers to make the workplace better and operations more efficient.

"B.C.'s students are doing well because they have great teachers. Imagine how much better they could be doing if we were to achieve true collaboration at the bargaining table."

Media Contact:

Government Communications and Public Engagement
Ministry of Education
250 356-5963