British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Association

British Columbia Teachers’ Federation v. British Columbia Public School Employers’ Association

Munroe is binding and factually indistinguishable; there was no evidence or reasonable inference of harm from teachers' posting or wearing of political materials, so the district's absolute prohibition did not minimally impair s.2(b) rights and could not be justified under s.1; appeal allowed and arbitrator's...

Source-derived case information.

Citation
2013 BCCA 241
Parties
Appellant (union): British Columbia Teachers' Federation / Cranbrook District Teachers' Association; Respondent (employer): British Columbia Public School Employers' Association / The Board of Education of School District No. 5 (Southeast Kootenay)
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
21 May 2013
Procedural Posture
Charter Challenge in Labour Arbitration Appeal / On Appeal From Arbitration Award Under Labour Relations Code; Court of Appeal Hearing and Judgment
Outcome
Appeal allowed; arbitrator's award set aside; BCTF grievance allowed.
Legal Topics
Freedom of Expression, Section 1 Oakes Test, Teachers' Political Expression in Schools, Prescribed by Law, Minimal Impairment and Proportionality
Source Language
english
Constitutional Law Labour Law Education Law Administrative Law Freedom of Expression Section 1 Oakes Test Teachers' Political Expression in Schools Prescribed by Law +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

British Columbia Teachers' Federation / Cranbrook District Teachers' Association

Appellant (union)

British Columbia Public School Employers' Association / The Board of Education of School District No. 5 (Southeast Kootenay)

Respondent (employer)

Procedural Posture

Charter Challenge in Labour Arbitration Appeal / On Appeal From Arbitration Award Under Labour Relations Code; Court of Appeal Hearing and Judgment

Legal Issues

  1. 1 Whether teachers' political expression in schools is protected by s.2(b) of the Charter
  2. 2 Whether the district directive prohibiting political posters/buttons is a reasonable limit under s.1
  3. 3 Whether the decision in Munroe is binding or distinguishable on the facts

Ratio Decidendi

Munroe is binding and factually indistinguishable; there was no evidence or reasonable inference of harm from teachers' posting or wearing of political materials, so the district's absolute prohibition did not minimally impair s.2(b) rights and could not be justified under s.1; appeal allowed and arbitrator's decision set aside, grievance allowed.

Court Disposition

Appeal allowed; arbitrator's award set aside; BCTF grievance allowed.

Orders

  • Set aside the arbitrator's October 30, 2011 award.
  • Allow the grievance of the British Columbia Teachers' Federation.