JUSTICE Carol Ross of the British Columbia Supreme Court recently upheld the B.C. College of Teachers’ right to investigate the conduct of an associate superintendent of human resources who hired a teacher without the proper B.C. teaching licence.

The B.C. School Act states that boards must not employ a person as a teacher unless that person is a member of the College and holds a certificate of qualification or a Letter of Permission. The B.C. College of Teachers has the responsibility to issue Letters of Permission. In Ontario, the Ministry of Education issues Letters of Permission but the Ontario College of Teachers has requested that they become its responsibility to ensure consistency in granting certification to teach in Ontario schools.

The labour mobility provisions of the Agreement on Internal Trade/ Teaching Profession provide for a teacher certified in any Canadian province or territory to acquire a licence to teach anywhere in Canada. The agreement includes the possibility of conditional certification to protect the specific standards of provincial jurisdiction.

Case Leads to Judicial Review

Associate superintendent Ronald Dufault was looking to fill a position for which school district no. 34 (Abbotsford) had advertised internally and externally.

Unable to find an applicant quali- fied with the B.C. College of Teachers, Dufault decided to hire an Albertacertified teacher on the condition that she obtain her certification from the B.C. College. Dufault failed to apply for a Letter of Permission for the teacher and allowed her to teach despite the fact that she was not certified in British Columbia.

When the B.C. College found out about the situation, they informed Dufault that a subcommittee of the College would investigate his conduct. Dufault argued that the College did not have jurisdiction to investigate and brought an application for judicial review.

Justice Carol Ross dismissed the application based on the fact that she could not find error with the decision of the College’s subcommittee. Justice Ross added that the conduct could be seen as professional misconduct or conduct unbecoming and stressed the College’s role to protect the broader public interest.

“An integral part of that interest is the public interest in knowing—first that members are properly trained and qualified; and second, that they are subject to discipline by professional bodies,” said Justice Ross. Certification is “directly related to the public interest and confidence in the system,” Ross concluded.