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

A number of Manitoba teachers are arguing proposed legislation to regulate misconduct in their profession needs a rewrite.

During a legislative committee meeting Monday evening, teachers underlined their issues with a government bill that would establish an independent process to hear allegations of professional misconduct. They worry the bill, which is intended to protect student safety, could be exploited by people harbouring grudges against a teacher. 

Jonathan Waite, president of the Seine River Teachers' Association, said his colleagues may 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 asked to dismiss any complaints against teachers that are "frivolous, vexatious or 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 enlist an independent commissioner and panel members to review and rule on complaints regarding professional misconduct, including sexual offences or incompetence.

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

The bill, introduced by the Progressive Conservative government, received second reading this month. It responds to long-standing complaints of secrecy surrounding teacher discipline, highlighted last year by the arrest of former 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 35 at the committee hearings, which ran for six hours Monday night and will continue on Tuesday night.

A common thread among the presenters — the vast majority of whom were educators who opposed the bill — is the complaint a bill designed to stamp out teacher misconduct unfairly evaluates competence 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 Nathan Martindale told 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, including non-educators, such as the 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, Ewasko said the bill already has mechanisms to dismiss unnecessary complaints.

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

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

A recent report from the Winnipeg-based centre found 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 mentioned Manitoba as a jurisdiction that doesn't disclose professional disciplinary records. The centre had to depend on 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's staunch opposition to the legislation, the bill is expected to pass before summer.

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

Amendments to the bill could still be put forward. The NDP has not said whether it will propose changes.