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CAUT Bulletin Archives
1996-2016

November 2002

B.C. Supreme Court Grants CAUT Intervenor Status

In late October, the Supreme Court of British Columbia granted CAUT intervenor status in B.C. college faculty unions' Charter challenge to Bill 28, the Public Education Flexibility and Choice Act. With Bill 28 in hand, college boards have the right to override provisions in collective agreements.

Cindy Oliver, president of the College Institute Educators' Association of B.C., said the decision to give CAUT intervenor status, while more limited than CIEA would have liked, will be helpful.

"The court's acknowledgement that CAUT can bring a national and international perspective is important," Oliver said.

"We look forward to CAUT joining the legal fight against the government's unprecedented attack on the collective bargaining rights and the professional integrity of educators."

CAUT executive director James Turk said the association requested intervenor status because of the national perspective it can bring.

"CAUT also contributes a breadth of experience in collective bargaining for post-secondary academic contract rights and has significant legal experience in defending academic freedom and collective bargaining rights," Turk said.

During the 2001 provincial election, Liberal leader Gordon Campbell promised he would not tear up signed collective agreements. But in January 2002, his government passed contract-stripping legislation.

Bill 28 places limits on unions' ability to negotiate terms of collective agreements including maximum class sizes, maximum numbers of students per instructor, control over instructional techniques, hours of operation, scheduling of professional development and vacation time and limits on work assigned to contractors or others outside of faculty bargaining units.

CIEA and the B.C. Government and Service Employees' Union, which also represents college and institute faculty, launched the challenge in April 2002.

CAUT has also filed a complaint with the International Labour Organization alleging Bill 28 violates international conventions that the Canadian government has signed.