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's noble intention of protecting 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. 

The bill doesn't promise union representation for teachers who are being investigated, he said, giving one example.

"I have significant concerns about the slippery slope this can create when it comes to creating vulnerability for educators," he said.

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 to 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.