The British Columbia Civil Liberties Association (BCCLA) will serve as intervenor in the case between a former Victoria school board and the province.
鈥淚 find the BCCLA has a unique perspective from which to make submissions that will assist the court in the resolution of the issues as framed by the petitioner,鈥� the July 14 decision by Justice Lindsay LeBlanc reads.
鈥淏CCLA frames the legal issues raised in the petition as a question of the role of the government in dictating educational policy, and its ability to terminate democratically elected school boards as a result of disputes over policy. BCCLA submits that some of the legal issues raised, such as the constraints, if any, on the Cabinet鈥檚 ability to terminate a board, will be ones of first instance for this court,鈥� the decision reads.
Nine former Greater Victoria School District trustees who were removed from their positions in January have filed an application for judicial review with the Supreme Court, asking for their reinstatement as the board of education for SD61.
Nicole Duncan, Karin Kwan, Natalie Baillaut, Angela Carmichael, Mavis David, Derek Gagnon, Emily Mahbobi, Diane McNally and Rob Paynter were removed Jan. 30 after disagreements with the province over school police liaison officers (SPLO). The SPLO program was cancelled by SD61 in 2023 due to concerns that students of marginalized communities felt unsafe with officers in schools.
Before being dismissed, the board was ordered by the ministry to produce a safety plan, and they did, but it didn鈥檛 include an SPLO program. The minister ordered a revised plan and appointed an advisor.
The petition says in dismissing the petitioners from their elected offices, the minister of education and cabinet violated their rights to procedural fairness, firing them in bad faith and for an improper purpose. It says the safety plan order was beyond the minister鈥檚 jurisdiction, and the Order in Council was beyond cabinet鈥檚 jurisdiction.
鈥淚f Charter and broader public policy considerations are engaged, I find the BCCLA has a unique perspective from which to make submissions that will assist the court in the resolution of the issues as framed by the petitioner. On this basis, I am prepared to grant intervenor status to the BCCLA with certain limitations,鈥� LeBlanc said.
The BCCLA asked for up to 12 pages and 30 minutes to make submissions. The association got its 12 pages 鈥� to touch on the relevance of Charter values to the issues in dispute; as well as the ability under the School Act to dismiss an elected school board over a policy dispute. The BCCLA鈥檚 right to make oral submissions will be determined by the hearing judge.
The five-day hearing is set to start Aug. 18.
