Victoria school board lacked authority to suspend trustees over alleged bullying: B.C. judge
A B.C. Supreme Court judge has ruled the Greater Victoria School Board lacked the authority to censure and suspend two elected trustees over allegations of harassment and bullying.
Justice Briana Hardwick says in a written decision that the trustees argued the board breached procedural fairness by relying on events other than the findings of investigative reports into the complaints.
The decision following a judicial review means trustees Diane McNally and Rob Paynter have been reinstated.
They were censured and suspended in February after a third-party investigation produced two reports a month earlier.
That meant they could no longer attend meetings or access any confidential information from the board for the remainder of their terms in office, set to expire in November following municipal elections.
Hardwick says two school district administrative staff members made formal complaints in July 2021 against the trustees, who have each been elected twice to their positions.
The complaints stem from the trustees' social media posts about the performance of staff, as well as McNally's comments to the complainants and Paynter's comments at public board meetings.
Hardwick says in a ruling dated Friday and posted online Monday that the School Act does not authorize the board to sanction them, adding: “The Board does not have the power to suspend a trustee in a manner that amounts to a de facto removal of a trustee from their elected office.”
The ruling says investigator Marcia McNeil found the trustees' conduct constituted bullying and harassment, but that her correspondence to the board speaks to whether the board had the authority to sanction or censure them.
McNeil had said that making recommendations to meaningfully address their conduct had therefore been a challenge, the judge noted.
McNeil had also expressed concerns that any sanctions would lead to “further divisiveness on the board and would not improve interactions between trustees and senior staff.”
“At present, there are few meaningful remedies available to address the conduct of elected officials,” McNeil had said.
The Greater Victoria School Board office is pictured. (CTV Vancouver Island)
Hardwick says relations between certain trustees, school board administration staff and parts of the electorate within the school district since the October 2018 election could generally be defined as strained, creating two factions within the board, with McNally and Paynter aligned with the minority.
Neither trustee was immediately available for an interview.
Board chair Ryan Painter said the board is reviewing Hardwick's decision while considering its options.
“What is most important is that the community has a board of education that can properly function in an honest, legal and respectful way to further the interests of our students,” he said in a statement.
This report by The Canadian Press was first published Sept. 26, 2022.
CTVNews.ca Top Stories
Doctors say capital gains tax changes will jeopardize their retirement. Is that true?
The Canadian Medical Association asserts the Liberals' proposed changes to capital gains taxation will put doctors' retirement savings in jeopardy, but some financial experts insist incorporated professionals are not as doomed as they say they are.
Something in the water? Canadian family latest to spot elusive 'Loch Ness Monster'
For centuries, people have wondered what, if anything, might be lurking beneath the surface of Loch Ness in Scotland. When Canadian couple Parry Malm and Shannon Wiseman visited the Scottish highlands earlier this month with their two children, they didn’t expect to become part of the mystery.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
It's no secret that spring can be a tumultuous time for Canadian weather, and as an unseasonably mild El Nino winter gives way to summer, there's bound to be a few swings in temperature that seem out of the ordinary. From Ontario to the Atlantic, though, this week is about to feel a little erratic.
What do weight loss drugs mean for a diet industry built on eating less and exercising more?
Recent injected drugs like Wegovy and its predecessor, the diabetes medication Ozempic, are reshaping the health and fitness industries.
He replaced Mickey Mantle. Now baseball's oldest living major leaguer is turning 100
The oldest living former major leaguer, Art Schallock turns 100 on Thursday and is being celebrated in the Bay Area and beyond as the milestone approaches.
What a urologist wants you to know about male infertility
When opposite sex couples are trying and failing to get pregnant, the attention often focuses on the woman. That’s not always the case.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Made-in-Newfoundland vodka claims top prize at worldwide competition
A Newfoundland-made vodka has been named one of the world’s best by judges at this year’s World Vodka Awards.