Dauphin judge dismisses court action by trustee
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BRANDON — A Dauphin judge has dismissed a court action by a Mountain View School Division trustee against several of his colleagues after they voted to pause the return to students singing God Save the King daily.
The Public Schools Act requires students to sing the first verse of the royal anthem in all kindergarten to Grade 12 schools, but the regulation has not been enforced in more than 25 years.
In January, the school division’s board of trustees passed a resolution that school administrators and staff would not be required to enforce the regulation until completing specific steps, which included reviewing letters of concern and consulting with education officials.
Mountain View School Division Ward 2 trustee Paul Coffey. (The Brandon Sun files)
Ethelbert-based trustee Paul Coffey, one of the nine Mountain View trustees, filed an affidavit in Dauphin’s Court of King’s Bench in which he stated the “law is not optional.”
“No board has the authority to suspend provincial statutes or regulations,” he said.
“If the board disagrees with a regulation, the proper response is to advocate for lawful change.”
The ex-parte application — an avenue for a complainant seeking urgent relief — asked a judge to issue a declaration that six trustees violated the act when they voted to pause the reintroduction of God Save the King in schools.
He accused them of breaching their oath of office, including the oath to “be faithful and bear true allegiance to His Majesty … (and) his heirs and successors according to law.”
Justice Sandra Zinchuk said in dismissing the application on Sept. 19 that Coffey’s complaint would “more appropriately fall under the MSDV code of conduct, as it is being alleged that the respondent trustees are deliberately not enforcing provincial law.”
The judge said the only two situations where the court could rule on a violation of the code of conduct would “relate to a trustee’s requirement to keep personal or confidential information in confidence” or “if the application is brought forward by the secretary-treasurer (of the school board), not a voter.”
— Brandon Sun
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Updated on Thursday, October 2, 2025 8:26 AM CDT: Adds photo