Bill 35 step toward teacher transparency By: Editorial Posted: 7:00 PM CDT Monday, Mar. 20, 2023

Opinion

Through a simple online search, Manitobans can find out whether their doctor, lawyer, nurse, pharmacist, physiotherapist or veterinarian has a history of impropriety. These are just a few of the occupations held to account through professional complaint and discipline registries designed to protect the public.

Last week, the provincial government took the first step toward creating a similar framework for teachers — a development that, if rolled out properly, promises to make Manitoba schools safer for the vulnerable populations they serve.

Beyond a basic expectation of safety in the classroom, students and parents deserve transparency.

Bill 35, the proposed Education Administration Amendment Act (Teacher Certification and Professional Conduct), would establish an online database of teachers and appoint an independent commissioner to monitor complaints of misconduct. The registry would allow members of the public to look up the certification status of individual teachers and any disciplinary actions taken against them.

Bill 35, the proposed Education Administration Amendment Act, would establish an online database of teachers and appoint an independent commissioner to monitor complaints of misconduct.

The legislation follows recommendations from a 2022 report by the Canadian Centre for Child Protection which urge governments to create independent professional oversight bodies for school employees and make disciplinary records available to the public, among other things. At the moment, such measures only exist in Ontario, Saskatchewan, Alberta and British Columbia.

Locally, complaints about teachers are handled internally through the Manitoba Teachers’ Society or the legal system. The society has no mandate to publish complaints or disciplinary decisions, leaving school communities to find out about violations through court cases or media coverage. This sets a dangerous precedent.

Last year, Winnipeg high school teacher and football coach Kelsey McKay was charged with 30 counts of sexual assault, exploitation, interference and luring stemming from allegations made by former students. Additional charges were laid after his arrest as more victims came forward. According to Free Press reporting, rumors of indecency abounded throughout Mr. McKay’s career. Earlier this month, a junior high teacher in Winnipeg was charged with similar allegations.

Making a police report is a daunting process for victims — especially victims of sexual assault. If the students or families involved in the cases above had additional avenues to report problematic behaviour, perhaps red flags could have been addressed earlier.

Teachers hold a privileged position in society. They are entrusted with caring for and educating young people who, by virtue of their age, are at risk of exploitation. While the vast majority of educators in Manitoba do have their pupils’ best interests at heart, there are some who do not.

The Manitoba Teachers’ Society has spoken out against Bill 35, arguing that the proposed law would make teachers vulnerable to “frivolous and malicious complaints.”

The Manitoba Teachers’ Society has spoken out against Bill 35, arguing that the proposed law would make teachers vulnerable to “frivolous and malicious complaints.”

The amendment does define what constitutes “professional misconduct.” It involves any act concerning a pupil or other child under the teacher’s care or supervision including, but not limited to, the following: sexual abuse or exploitation, any act causing physical harm or significant emotional harm, and any act prohibited under section 163.1 of the Criminal Code (child pornography).

Perhaps to appease the teachers’ society, the terms of the definition should be made more specific; the words “not limited to” in the amendment introduce wiggle room and the amendment does allow for further definitions in regulation (which would be set by cabinet). But if Bill 35 makes it easier for students to report abuse, this should not be framed as a gateway to nuisance complaints.

Governments, schools and professional organizations should be doing everything in their power to ensure predators are weeded out of the profession. Bill 35 is a promising step in the right direction.