Extra-curricular Activities

Thank you to parents who have taken the time to talk to me about extra-curricular activities.  I have heard various perspectives on the current situation and appreciate that regardless of perspective, your love for your children, their teachers and schools shines through.  I want to tell you too that I recognize the importance extra-curriculars play in student motivation and development. 

I have followed the recent proceedings of the Ontario Labour Relations Board (OLRB) on extra-curricular activities closely.  I will note that the issue was discussed in a recent provincial meeting where many public school boards had at least one trustee present.  

Rather than trying to explain this complicated issue verbally, I thought I would set out my reasoning in writing with the caveat that given the complexity of the situation, it is possible that my views might change somewhat as the situation develops or if new information comes to light.  Still at this time, I don’t expect further developments.

I could cite many sources on the issue but to keep this fairly straight-forward, allow me to say that I believe a legal approach to solving this issue or an application to the OLRB is both wrong and wrong-headed.  It is wrong because it is built on accepting the validity of contracts imposed by a highly questionable mechanism, Bill 115, which served to deny constitutional rights to teachers and educational staff.  I have little doubt that on this question, the Supreme Court will ultimately find in the teachers’ favour.  Even after its repeal, in my view Bill 115 with its imposed contracts continues to be a real liability to labour peace in schools.

Here is what Michael Lynx, a professor of law at the University of Western Ontario, had to say about a similar case that was heard by the Supreme Court: 

Collective bargaining is an associational right under the Charter. … International human rights and labour law protects collective bargaining as part of freedom of association. The Court placed considerable weight on international conventions and instruments Canada has signed, which expansively protect freedom of association and collective bargaining. (http://www.cautbulletin.ca/en_article.asp?articleid=324).

Actions that flow from contracts imposed by Bill 115, such as a legal action or an OLRB application, are likely to be similarly flawed and any gain likely built on shifting sands.  In my view, this makes any such action questionable and any decision rendered ultimately becomes vulnerable to a future ruling by the Supreme Court or by the OLRB.

Twelve years ago, a contract was imposed on B.C. teachers in a similar situation.  The consequence of this has been 12 years of labour strife in the British Columbia's educational sector.  I do not want to see this happen in Ontario. 

In fact, the question on the nature of the extra-curricular activities was specifically addressed by the British Columbia Labour Relations Board in June 2012:

I find that the Union has not declared or authorized an unlawful strike by directing its members to refrain from participating in activities which occur outside of class time/instructional hours and are truly voluntary and extra-curricular.  These include coaching, instructing or supervising student performances, sports teams, clubs or field trips, or attending graduation or awards ceremonies, where those activities are not related to a course or undertaken for marks. (http://www.lrb.bc.ca/decisions/63467%20Bottom%20Line.pdf).

The final bill for costs incurred in taking a legal action or making an application to the OLRB is considerable too.  When I reflect on the many needs of our students that remain unmet due to past financial constraints, I would find it difficult to justify this expense.  And it could well become a Pyrrhic victory if it leaves a bad taste in teachers’ mouths.  I do not want to see any extra-curricular activities lost in the long run due to poor staff morale.

To try to restore extra-curricular activities through a legal route will only serve to make a bad situation worse and this is certainly not in the best interest of students.  Currently, there are talks underway between the newly-formed provincial government and the teachers’ unions and I believe this is the best hope for a resolution to labour unrest and for the restoration of extra-curricular activities. 

OCDSB schools and programmes are among the world’s best.  You have been very patient during this difficult time and I hope you will be patient a little longer so as to give these talks an opportunity to succeed.  

The views expressed in this blog are my personal views only.