Eggertson v. Alberta Teachers' Association, 2002 ABCA 262

• Judge: O'Leary, Costigan and Paperny, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: September 12, 2002
• Citations: 2002 ABCA 262;(2002), 327 A.R. 59 (CA)

Eggertson v. Teachers Assoc. (2002), 327 A.R. 59 (CA);

    296 W.A.C. 59

MLB headnote and full text

Temp. Cite: [2002] A.R. TBEd. NO.073

Ingrid M. Eggertson (appellant/plaintiff) v. Alberta Teachers' Association (respondent/defendant)

(01-00131; 2002 ABCA 262)

Indexed As: Eggertson v. Alberta Teachers' Association

Alberta Court of Appeal

O'Leary, Costigan and Paperny, JJ.A.

November 5, 2002.

Summary:

The Alberta Teachers' Association's Professional Conduct Appeal Committee upheld a decision of its Hearing Committee finding a teacher guilty of unprofessional conduct under the Teaching Profession Act. The teacher applied for judicial review.

The Alberta Court of Queen's Bench, in a decision reported at 284 A.R. 139, dismissed the application. The teacher appealed.

The Alberta Court of Appeal allowed the appeal.

Education - Topic 2884

Schools - Parents' rights - To criticize or comment on child's education - A teacher made comments critical of two teachers who had taught her children - She made the comments during a parent teacher meeting with her children's present teacher and at a subsequent meeting - The Hearing Committee of the Alberta Teachers' Association (ATA) found her guilty of unprofessional conduct under the Teaching Profession Act - The ATA's Professional Conduct Appeal Committee (PCAC) upheld the decision - The Alberta Court of Appeal set aside the decision - It did not accord adequate weight to the teacher's parental rights under the School Act and orders and regulations made pursuant to it or to the Calgary Board of Education Regulations - The teacher's parental status required a balancing of her parental rights with her professional obligations as a teacher and ATA member, rather than the strict and literal approach taken by the Hearing Committee and PCAC.

Education - Topic 6424

Teachers - Discipline of - For unethical conduct - What constitutes unethical conduct - [See Education - Topic 2884 ].

Education - Topic 6526

Teachers - Discipline - Judicial review - Standard of review - The Alberta Teachers' Association's Professional Conduct Appeal Committee (PCAC) upheld a decision of its Hearing Committee finding a teacher guilty of unprofessional conduct under the Teaching Profession Act - The teacher applied for judicial review - The Act did not have a privative clause, but expressly excluded a right of appeal from a PCAC decision - There was a time limited right of judicial review - The Alberta Court of Appeal held that reasonableness simpliciter was the appropriate standard of review - The issue of whether the teacher's comments amounted to misconduct was squarely within the Hearing Committee's and PCAC's statutory jurisdiction - The qualifications of their members to assess professional misconduct was not challenged - See paragraph 16.

Cases Noticed:

Pushpanathan v. Canada (Minister of Citizenship and Immigration) (1998), 226 N.R. 201; 160 D.L.R.(4th) 193 (S.C.C.), refd to. [para. 16].

Telus Communications Inc. v. Municipal Government Board - see Alberta (Minister of Municipal Affairs) v. Municipal Government Board (Alta.) et al.

Alberta (Minister of Municipal Affairs) v. Municipal Government Board (Alta.) et al. (2002), 312 A.R. 40; 281 W.A.C. 40 (C.A.), refd to. [para. 17].

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 26].

Cromer v. British Columbia Teachers' Federation (1986), 29 D.L.R.(4th) 641 (B.C.C.A.), refd to. [para. 27].

Attis v. Board of Education of District No. 15 et al., [1996] 1 S.C.R. 825; 195 N.R. 81; 171 N.B.R.(2d) 321; 437 A.P.R. 321, refd to. [para. 27].

Ross v. New Brunswick School District No. 15 - see Attis v. Board of Education of District No. 15 et al.

Counsel:

G.N. Stapon and J.C. Batzel, for the appellant;

S.D. Hillier, Q.C., for the respondent.

This appeal was heard on September 12, 2002, by O'Leary, Costigan and Paperny, JJ.A., of the Alberta Court of Appeal. The Court of Appeal delivered the following memorandum of judgment on November 5, 2002.