British Columbia Teachers' Federation v. British Columbia, 2016 SCC 49

Nature of the Case

In a case concerning the employment contracts of teachers across the province of British Columbia, the Supreme Court of Canada, Canada’s highest court, has upheld the right to collective bargaining under the freedom of association guarantee {S. 2 (d)} enshrined in the Canadian Constitution. This case has significant positive implications for workers’ rights particularly as it relates to the right to collective bargaining. The case also highlights the interdependence of all economic, social and cultural rights, as it positively (albeit indirectly) impacts the human right to education, particularly with respect to issues of access and quality, especially as concerns students with special needs.

Enforcement of the Decision and Outcomes

Enforcement of this case has major implications for BC’s public school system. It is estimated that hundreds of teachers would need to be hired and more classroom space would need to be found to restore class size and composition rules pre-2002 levels. Proper implementation of the judgment may entail the government spending an additional CAD 250 million to CAD 300 million on education per year. According to Glen Hansman, president of the BCTF, the province has the money to pay for these costs. He said the provincial government has a CAD 1-billion contingency in its budget, which specifically named the present case as a possible use for some of the money.

In the aftermath of the case, BC Finance Minister Mike de Jong has observed that negotiations to restore the stripped provisions will begin fairly immediately with teachers and that the timing will permit changes to be addressed in the February 2017 budget. He has further commented, “[w]e want to get to work implementing this as quickly as possible.” Hansman has indicated that he expects more teachers in classrooms as early as January but BC Premier Christy Clark has said implementing the ruling will take some time. She has also remarked that “…there is a lot of speculation about how much this will cost, but I would say this is the most important investment that we make as a society, so let’s make it.”

Significance of the Case

This decision specifically addresses the right to collective bargaining, as protected under the constitutional right to freedom of association. It may also be considered, at a broader level, to be at the intersection of the human rights to work and education.

This decision is a significant ruling on workers’ rights that strengthens the ability of unions to engage in collective bargaining on behalf of their members, and clarifies the circumstances in which governments can and cannot restrict such action. Through a robust approach to collective bargaining, the ruling also supports the human right to just and favourable conditions at work. The President of the BC Federation of Labour, Irene Lanzinger calls this a big victory for workers across the country, noting that “[u]nions and collective bargaining wins better wages, better benefits, pensions, pay equity for women, health and safety positions, they raise the bar for everyone.”

This case also has significant implications for the human right to education (not a protected constitutional right in Canada), including the right of children with disabilities to access education. The decimation of teacher’s rights and underfunding of the school system for 14 years took a toll on the ability of students, in particular those with special needs, to access quality education. This case will allow for a better-resourced education system and thus, it may be hoped, will benefit all students. In providing guidance to States on the relationship between teachers’ working conditions (specifically the right to organize and bargain collectively) and the right to education, the Committee on Economic, Social and Cultural Rights has previously confirmed that not only will deteriorating working conditions of teachers be inconsistent with article 13(2)(e) of the International Covenant on Economic, Social and Cultural Rights (which requires that, among other things, “…the material conditions of teaching staff shall be continuously improved.”) but are also a major obstacle to the full realization of students’ right to education. (CESCR General Comment No. 13, para 27) At a time where austerity measures in many countries are affecting public education, this case suggests alternative ways to ensure the right to education in practice, including through legal strategies that build on the interdependence between economic, social and cultural rights.

Groups Involved in the Case

The BCTF brought the case as the party challenging the 2012 legislation. Interveners include:

Centrale des syndicats du Québec, Canadian Association of Counsel to Employers, Canadian Labour Congress, National Union of Public and General Employees, Public Service Alliance of Canada, Professional Institute of the Public Service of Canada, Association of Canadian Financial Officers, Association of Justice Counsel, Canadian Association of Professional Employees and Coalition of Ontario Teacher Affiliates.