Manitoba teachers ask for rewrite of misconduct bill they say is too broad

A number of Manitoba teachersare arguing proposed legislation to regulatemisconduct in their profession needs a rewrite.

During a legislativecommittee meeting Monday evening, teachersunderlined their issueswith a government bill that would establish an independent process to hear allegations of professional misconduct. They worry the bill, which is intended to protectstudent safety, could be exploited by people harbouring grudges against ateacher.

Jonathan Waite, president of theSeine River Teachers' Association,said his colleaguesmay feel hesitant to discuss certain subjects in the classroom, ranging from residential schools to gender diversity, because a parent's complaint could lead to them being investigated.

"The way this bill's written, in my opinion, it offers no safeguards to our teachers that teach in ways one might describe as outside the box or to support discussions that challenge societal norms," Waite said.

He said he understands the independent commissioner, which would be appointed under the new legislation, will be askedtodismiss any complaints against teachersthat are "frivolous, vexatiousor trivial,"but Waite argued the protection falls short.

For example, the bill doesn't promise union representation for teachers who are being investigated, he said.

"I have significant concerns about the slippery slope this can create when it comes to creating vulnerability for educators," he said.

Independent process, teacher registry

Bill 35, the Education Administration Amendment Act, would enlistanindependent commissioner and panel members to review and rule on complaints regardingprofessional misconduct, including sexual offencesorincompetence.

It also proposes a public teacher registry that would let people see whether a teacher has been disciplined something the Canadian Centre for Child Protectioncalled for last year.

The bill, introduced by the Progressive Conservative government, received second reading this month. It responds to long-standingcomplaints of secrecy surroundingteacher discipline, highlighted last year by the arrest offormer Winnipeg high school football coach Kelsey McKay, who was charged with numerous counts of sexual abuse.

Some parents say they raised concerns with the schools and division in the years before his arrest that children under his leadership were at risk.

Seventy-seven people signed up to speak about Bill 35at the committee hearings, which ran for six hours Monday night and will continue onTuesday night.

A common thread among the presentersthe vast majority of whom were educators who opposed the bill is the complainta billdesigned to stamp outteachermisconduct unfairly evaluatescompetence as well.

"Unfortunately, the nuance of inappropriately linking competence and conduct can be lost in the public arena, especially when the issue is complex and politically charged,"Manitoba Teachers Society president NathanMartindaletold the committee in his presentation.

"Our purpose has never been to protect teachers who abuse children."

Martindale said a teacher's competence should be assessed by the employer, rather than individuals outside the school, includingnon-educators, such asthe commissioner and some of the panel members.

Education Minister Wayne Ewasko told various presenters that the government would consult with education stakeholders, including the teachers' union, to define competency and develop professional standards.

Despite the concerns expressed, Ewaskosaid the bill already has mechanismsto dismiss unnecessary complaints.

He said in an interview the commissioner will abide by a "strictscopeof conduct" to prevent any exploitation of thenew process.

The Canadian Centre for Child Protection, which was consulted in the writing of the bill,said the proposed legislation wouldbring the province more in line with others, including British Columbia and Ontario.

Arecent report from the Winnipeg-based centrefound between 2017 and the end of 2021, 252 current or former school personnel in kindergarten to Grade 12 schools in Canada committed or were accused of committing sexual offences against students. Another 38 were charged for offences related to child sexual abuse materials.

The same report mentionedManitoba as a jurisdiction that doesn't disclose professional disciplinary records. The centre had to dependon media coverage and court cases, which it said likely created an incomplete picture.

Abusers hide under 'competence' protection: Classen

Noni Classen, director of education at the child protection group,said competency should be assessed at the same time as conduct.

Some abusers "hide under the guise of competence to harm children," she said, referring to adults able to abuse students because they argued, for example, the student needed after-school tutoring time.

The present system of the teachers' union being involved in some investigations is a conflict of interest, she also said.

Despite the teachers' union'sstaunchopposition to the legislation,the bill is expected to pass before summer.

The NDP, which traditionally supports unions,didn't chooseBill 35 as one of the five government bills it was delaying.

Amendments to the bill could still be put forward. The NDP hasnot said whether it will propose changes.