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 ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
Soft skills, preparation can help new graduates land jobs, experts say
As new graduates enter the workforce over the next few weeks, they are likely to face challenges getting their foot in the door and must be prepared to effectively communicate what they bring to the company.
RCMP uncovers plot to sell drones and equipment to Libya
The RCMP says it has uncovered a ploy to sell Chinese drones and military equipment to Libya illegally.