The unions’ reluctance did not change the Minister of Education. Bernard Drainville said Wednesday that he still intends to legislate so that teachers’ disciplinary records follow them throughout their careers.
“I will tell you frankly: until now, I have not heard an argument that has convinced me not to move forward with what is in the bill,” said the minister to the representatives of the Centrale des syndicats du Québec (CSQ). They participated in the study of Bill 47, which aims to “strengthen the protection of students”.
The president of the CSQ, Éric Gingras, had just highlighted the importance of “amnesty clauses”. These ensure that disciplinary sanctions imposed on members of school staff disappear after a certain time, under collective agreements. “Removing the amnesty clauses removes the possibility of amendment, and removes the emphasis on support and prevention,” he said.
On Tuesday, the Autonomous Education Federation also pleaded in favor of maintaining these clauses. However, in Mr. Drainville’s opinion, “there is no compromise to be made” on this issue. “Someone who has committed reprehensible actions towards children, these actions should not be erased from their record after a certain time,” he insisted.
These clauses, which have sometimes allowed delinquent teachers to move from one employer to another, do not prevent a boss “from going directly to dismissal”, underlined Jean-François Piché, of the CSQ. “We will never defend the indefensible. On the other hand, the notion of rehabilitation must remain there,” added Mr. Gingras. According to the CSQ, the gradation of sanctions on the basis of faults recorded in teachers’ files “will become a court matter”. “Because we have an obligation to represent [les membres] “, he recalled.
The CSQ proposes the establishment, no later than one year after the adoption of the bill, of agreements on amnesty clauses. These would determine how long an employer can take a disciplinary measure into account, not without providing “intervention and support measures” for the person at fault. These agreements would differ from one place to another in the network, under the collective agreements in force. Far from “wall to wall,” argued Mr. Gingras.
“I don’t see how we can accept that there are so many differences from one collective agreement to another when we talk about the protection of children,” declared Minister Drainville. He said the length of time sanctions remain on employee files ranges from six months to five years. “Are you comfortable with that, Mr. Gingras?” “, he asked.
In an interview with The duty, the president of the CSQ emphasized that the durations were very similar in the service centers and school boards in Quebec. “But after that, if you go to college, it’s something else,” he agreed.