"Today
I am fixing appropriate sanctions for the civil contempt
from October 7th to 17th, 2005. Further sanctions may be
appropriate for contempt continuing after October 17, 2005."
The Honourable Madam Justice B. Brown, BC Public School
Employers Assoc. v. BC Teachers Federation, 2005 BCSC 1490,
para 28
The
court fined the BCTF $500,000 for civil contempt of court
for the period October 7th to October 17th. Further fines
could be levied for the period October 18 through October
21st, and enormous fines could be levied if teachers do
not return to work on October 24th. Justice Brown ruled:
"I
have concluded that the appropriate fine is $500,000. In
fixing this amount, I have accepted the advice of Mr. Hunter
that it appears that the teachers will return to work shortly.
I will advise the parties that the fine is very much lower
than it would have been, otherwise. I have also taken account
of the costs which the BCTF will pay for the monitor and
its counsel and further, that, as a result of my order of
October 13, 2005, individual teachers will not be reimbursed
for pay lost while in contempt of court."
In addition
to the spectre of further fines, the BCTF and its members
must also consider the prospect of criminal contempt of
court. Throughout her ruling Justice Brown made reference
to the special prosecutor who will consider whether criminal
contempt of court charges should be laid and she emphasized
that she was only dealing with the matter of civil contempt
which carries with it lesser consequences.
Teachers
should vote to return to work because Vince Ready's report
puts $85 million into pay and benefits, despite the government's
policy of zero-zero, and it puts $20 million into dealing
with learning conditions. If that victory is not enough
reason to vote in favour of the best deal that can be achieved,
teachers should reflect on all of the words from Justice
Brown. The BCTF can easily afford a fine of $500,000, but
sentencing for the full period of service withdrawal is
not complete and the special prosecutor has yet to report.
There is a carrot, and there is a very big stick.
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