VICTORIA - The B.C. government won't appeal a court ruling rapping its knuckles for stripping teachers of the right to negotiate class size and composition.
But Education Minister George Abbott said Thursday despite the decision not to appeal, it's too early to say if teachers will be able to negotiate new class sizes and composition structures in their next contract.
The current teacher contract expires at the end of this school year.
The B.C. Teachers' Federation has already said it intends to make class sizes and composition one of its major bargaining positions this summer, which Abbott acknowledged is their right.
But he said the contract talks may be held under the old rules that the court rejected.
Abbott also didn't categorically rule out using legislation again to set future class size and composition limits, but was careful to point out that legislation is not the government's preferred direction.
"We wouldn't begin this discussion by precluding any outcome possibility like that," said Abbott.
"The court has given us 12 months to find an appropriate remedy to this. The court has, though, directed a process. It hasn't directed an outcome."
Abbott said he appointed the president of the government's employers' council to lead consultations on the class size issue with the B.C. Teachers' Federation and school trustees.
"It's important that the parties begin with the opportunity to lay out the range of possible outcomes here and work towards, hopefully, what will be a collaborative and consensus solution or remedy to the important issues that are raised in the (court) decision," Abbott said.
Last month, the B.C. Supreme Court ruled the government's 2002 legislation banning class-size limits and class composition from teacher contract talks violated the collective bargaining rights of teachers.
Judge Susan Griffin relied heavily on a 2007 Supreme Court of Canada decision that tossed out B.C. legislation, also passed in 2002, which affected the rights of health-care workers by allowing contracting out of some services.
The government had argued the law was necessary because it faced unusual and critical circumstances of "labour unrest and virtual paralysis of the public school system."
But the judge dismissed the claim and was highly critical of the evidence offered by the government.
She said the government's argument that class size limits were causing hardship to students and parents was based on "anecdotal hearsay" and was "vague and unsubstantiated."
B.C. Teachers Federation president Susan Lambert said after last month's court ruling, teachers will insist that class size limits be on the bargaining table this time.
"Our full bargaining rights have been restored and we will act accordingly," Lambert said then.
"That means that government needs to bend its will and bend its thoughts to the conditions in classrooms, to the voice of teachers."
Lambert could not be reached for an interview Thursday.
However, she said in a statement that teachers are pleased the government will allow the court ruling to stand.
"If the political will is there to respect the court decision, we must at the very least restore the funding to achieve the learning conditions that existed before the legislation," Lambert's statement said.
The teachers have said class size and composition are major issues facing education on the bargaining agenda, as is a wage increase.
But the province has said all public sector contracts, including the one with teachers, will be "net zero," meaning any pay raises or changes to working conditions must be negotiated without increasing the overall cost of the collective agreement.
Abbott said the government's willingness to consult on the class size issue, rather than go to court and appeal last month's ruling, should be viewed as a sign of co-operation on all levels, including contract negotiations.
"I would certainly interpret it as a positive signal," he said.
"One of the things we want to do as a government is build a stronger more productive, more constructive relationship with the B.C. Teachers' Federation, and I think this discussion. . . will open some avenues."
