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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.