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
There's actually no such thing as vegetables. Here's why you should eat them anyway
The rumours are true: Vegetables aren't real — that is, in botany, anyway. While the term fruit is recognized botanically as anything that contains a seed or seeds, vegetable is actually a broad umbrella term.
BREAKING Israeli forces seize Rafah border crossing in Gaza, putting ceasefire talks on knife's edge
Israeli tanks seized control of Gaza’s vital Rafah border crossing on Tuesday as Israel brushed off urgent warnings from close allies and moved into the southern city even as ceasefire negotiations with Hamas remained on a knife’s edge.
The Met Gala was in full bloom with Zendaya, Jennifer Lopez, Mindy Kaling among the standout stars
The Met Gala and its fashionista A-listers on Monday included Jennifer Lopez, Zendaya and a parade of others in a swirl of flora and fauna looks on a green-tinged carpet lined by live foliage.
'It looked so legit': Ontario man books $7,700 luxury villa on Booking.com, but the listing was fake
An Ontario man says he was charged more than $7,700 to book a luxury villa on a popular travel website -- but the listing was fake.
Noelia Voigt resigns as Miss USA, citing her mental health
Noelia Voigt, who was crowned Miss USA in November 2023, has announced she is resigning from her role, saying the decision is in the best interest of her mental health.
Putin begins his fifth term as president, more in control of Russia than ever
Vladimir Putin began his fifth term Tuesday as Russian leader at a glittering Kremlin inauguration, setting out on another six years in office after destroying his political opponents, launching a devastating war in Ukraine and concentrating all power in his hands.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.