APRIL 2015
THE EVOLVING #SIGN
FROM POUND SIGN TO HASHTAG TO #WHATTEACHERSDO
SMART TALK ON TECH
HELPING STUDENTS USE TECHNOLOGY EFFECTIVELY - AND RESPONSIBLY
2015 AGM UPDATE
THIS YEAR’S AGM IN REVIEW
PLUS:
The Latest Legal Updates The Power of Positive School Climates Will You Pay a Price for Off-Duty Misconduct?
Contents april 2015
INBOX 4
PRESIDENT’S MESSAGE
5
@OECTA
5
HIGHLIGHTS
6
OECTA’s Index
6
CALENDAR
7
CLC CONFERENCE SENDS CLEAR MESSAGE CLC ensures the voices of Canadian workers are heard and well represented By Simon Dallimore
4
8 AGM 2015 HIGHLIGHTS Highlights of the strike vote and fee debate By Carley Desjardins 9 AGM 2015 AWARD RECIPIENTS Recipients of the Honorary Membership, Life Membership, Marion Tyrrell Memorial and Pearse Shannon Memorial awards By Carley Desjardins 10 TWEETS FROM AGM 2015 #OECTAGM15 By Carley Desjardins
TEACHERS AID 11 PROFESSIONAL DEVELOPMENT Our beloved pound sign has morphed into a hashtag. And we are putting it to good use with #WhatTeachersDo By Anthony Carabache
13 16
12 TEACHER ADVISOR Do teachers pay a big price for off-duty misconduct? By Joe Pece 15 LEGAL BRIEF A look at some noteworthy Canadian legal decisions By Charlene Theodore 16 PROFESSIONAL INSIGHT Is your school climate a positive one? By Doug McCarthy
PEOPLE WORTH WATCHING 17 THEO CULL WINS SEAT FOR SECOND TIME OECTA member focuses on dollars and development in Latchford By Janine Druery
19
18 GREENFIELD KEEPS THE PROMISE A teacher and her students raise awareness about Canadian children in jeopardy By Diane Lewis
VIEWPOINT 19 HELPING STUDENTS SUCCEED WITH TECHNOLOGY Teachers and parents share the responsibility for helping kids use today’s devices effectively By Mitch Champagne 21 STUDENT VOTE Bringing citizenship and democracy to life By Dan Allan 22 YOUR PROVINCIAL LONG-TERM DISABILITY PLAN Why LTD insurance just may be your most important benefit By Kirk McIntyre
21
April 2015 | @ OECTA 3
inbox PRESIDENT’S MESSAGE Carley Desjardins Editor
Our AGM marked the kick-off to OECTA’s campaign against plans by Catholic school boards and the Ontario government to claw back the contract gains of decades and undermine teacher professionalism. That’s what your Association is currently fighting at the provincial bargaining table. The first phase of this campaign of resistance will culminate April 23 and 24, when we conduct our first ever province-wide strike vote. AGM delegates reacted with outrage when they learned what the trustees’ association and the government have planned for OECTA members: a three-year wage freeze, delayed payment for grid advancement, reductions in sick leave, elimination of many paid leaves, an end to fair hiring for occasional teachers, and so much more. No teacher will be spared.
Janine Druery Associate Editor Adam Lemieux Writer/Researcher Theodore Steiner Fernanda Monteiro Production /Advertising
James Ryan
The monetary demands stem from government’s continued pursuit of an “austerity agenda.” They insist the province has a spending problem that teachers and the rest of the public sector are expected to solve by accepting a wide array of cuts. But OECTA and many others believe the Ontario government has created a revenue problem for itself. How? By continuously reducing the rate of corporate taxes until they are now among the lowest in North America. This has not resulted in job creation. In fact, we’ve seen many closures in Ontario — Caterpillar, Kellogg, Heinz — with jobs flowing south despite competitive taxes here. The government’s failure to address the revenue shortfall is reflected in many of their demands at the table. Equally disturbing is the province’s apparent willingness to change laws and regulations to back up trustee demands. In this the government of Kathleen Wynne has deceived us. OECTA had been assured that, under the new Liberal leadership, we would not experience a repeat of the contemptuous treatment of three years ago. Statements at the bargaining table show the government cannot be trusted. In the face of employers’ extortionate demands, OECTA needs you to unite in supporting the provincial strike vote. You will have a chance to hear more about the state of bargaining at the rally organized in your local unit before the vote date. A sweeping strike mandate from the vote April 23 and 24 will support our bargaining team and signal to government and trustees that we will not tolerate the losses they are seeking to inflict on all OECTA members.
Editorial Board James Ryan President Ann Hawkins First Vice-President Marshall Jarvis General Secretary David Church Deputy General Secretary Pat McKeown Executive Resource Assistant
@OECTA is published five times during the school year. Opinions and ideas expressed in @OECTA are not necessarily those of the Ontario English Catholic Teachers’ Association. @OECTA is a member of the Canadian Educational Press Association, and the Canadian Association of Labour Media. Return undelivered Canadian addresses to: Ontario English Catholic Teachers’ Association, 65 St. Clair Avenue East, Toronto, ON M4T 2Y8 PHONE 416-925-2493 TOLL-FREE 1-800-268-7230 FAX 416-925-7764 www.oecta.on.ca Publication Mail Agreement No. 0040062510 Account No. 0001681016
Cover Photo by Liam Sharp
Follow me @OECTAPrez 4 @ OECTA | April 2015
READ MY WEEKLY BLOG www.oecta.on.ca
inbox @OECTA
HIGHLIGHTS
ADDITIONAL QUALIFICATION (AQ) COURSE REGISTRATION
Provincial Bargaining Continues OECTA continues to meet with the employer side, which includes representatives from the government and the Ontario Catholic School Trustees’ Association (OCSTA). Information on meeting dates and outcomes is sent regularly by email to OECTA members who have registered their personal email address with OECTA for the purposes of provincial bargaining.
You could be missing out on $170,000. OECTA AQ courses and modules can help you get to A4. Courses are open to all teachers. Summer registration begins April 8, 2015. To register, visit the Courses section at www.oecta.on.ca.
JOIN A PROVINCIAL COMMITTEE
OECTA standing committees provide opportunities for teachers to contribute their expertise, be creative and develop new interests, while serving the needs of Association members. New teachers, in particular, are encouraged to get involved. Small teams work on projects of their choice that can be completed within the school year. The standing committees are: Awards, Beginning Teachers, Catholic Education, Collective Bargaining, Communications and Public Relations, Continuing Education, Educational Aid, Elementary Schools, Finance, Health and Safety, Human Rights, Legislation, Occasional Teachers, Political Advisory, Professional Development Steering, Program and Structures, Secondary Schools, Status of Women and Teacher Education Network. Applications will be accepted online at www.oecta.on.ca from March 1 to May 1, 2015. Committee appointments, made by the Provincial Executive, take effect on July 1, 2015. SCHOLARSHIPS, FELLOWSHIPS AND BURSARIES
OECTA provides financial assistance for teachers taking undergraduate courses that lead to a first degree, post-graduate courses and professional development to support lifelong learning. Three post-graduate scholarships (two religious education fellowships and one labour studies fellowship of up to $10,000) are available. Individual bursaries for study in any subject are valued up to $1,000. Programs and courses must be taken between July 1, 2015 and June 30, 2016. Deadlines to apply are: April 1 for scholarships and May 1 for bursaries. Applications are available at www.oecta.on.ca in the Members’ Centre under Career Development. TEACH IN AUSTRALIA
Do you want to trade places for a year with a teacher in an Australian Catholic school? You can, as part of an exchange program organized by the Canadian Education Exchange Foundation (CEEF), a non-profit charitable organization that provides national and international exchange programs and services for teachers and educators. Visit the Members’ Centre at www.oecta.on.ca and view the Teaching Opportunities section under Career Development for more information. To register, contact Carol Wilkins, Teacher Exchange Coordinator, via email at cwilk@ceef.ca or phone at 705-739-7596.
Members can also access bargaining updates, FAQs and videos in the Provincial Bargaining Updates section of the Members’ Centre at www.oecta.on.ca. Members will need an OECTA membership number to log in and access this information. Given the confidential nature of negotiations, it is important that updates are posted in a secure location for members only.
Provincial Bargaining
U PDATE Have you registered your personal email address? With provincial bargaining underway, the quickest and easiest way to stay informed and be notified of important updates, including strike votes or voting on a proposed agreement, is to provide a personal email address (not the email address provided by your school board). If you have not already done so, please register your personal email address at www.surveymonkey.com/s/OECTACollector2, so you are registered to receive provincial bargaining information and to vote online for the new agreement.
Registered your email address, but not receiving emails? Here are some common issues: Check your spam folder to determine whether the email was routed there. If the email did appear in your spam folder, please add oecta@securevote.ca and provincialbargaining@oecta. on.ca to your safe list to ensure all future emails go directly to your inbox. Gmail user? Please ensure that you have checked for the email under Promotions, Updates or any other tabs – then search for the “From Email Address” in the All Mail area. If the message has found its way into a tab, dragging it into the regular inbox will ensure future emails are routed correctly. Note: In the case of voting credentials, the sender will be oecta@securevote.ca. In the case of Provincial Bargaining updates, the sender will be provincialbargaining@oecta.on.ca. April 2015 | @ OECTA 5
OECTA’s Index
FOR RICHER OR POORER By Adam Lemieux
calendar APRIL
48.2% 1%
Proportion of global wealth owned by the top 1% Proportion of global wealth owned by the bottom 50%
$7,960,300 $46,634 $20,989
Average earnings for top 100 CEOs in Canada Average earnings for full-time workers in Canada Average earnings for full-time, minimum wage workers in Canada
$178 billion $141 billion
Worth of assets held by the wealthiest 86 Canadians Worth of assets held by all New Brunswickers
127,600 46%
Jobs added in Canada, January 2014 to January 2015 Percentage of these jobs created through self-employment
$3.25 billion 38.6%
Projected surplus in Employment Insurance fund in 2015 Percentage of unemployed Canadians who qualified for E.I. in 2014
+3.5% -1.7%
Change in median wages, 2006-2012, Canada Change in median wages, 2006-2012, Ontario
22% 33%
Percentage of Ontario workers defined as “low-wage” in 2004 Percentage of Ontario workers defined as “low-wage” in 2014
63% 29%
Percentage of Ontarians with employer-provided medical benefits Percentage of Ontarians earning $10,001-$20,000 with employer-provided medical benefits Percentage of Ontarians earning $80,001-$100,000 with employer-provided medical benefits
95%
Sources: Broadbent Institute, Canadian Centre for Policy Alternatives, Globe and Mail, Oxfam, Toronto Star, Wellesley Institute. Adam Lemieux is the Writer/Researcher in the Communications and Government Relations departments at OECTA Provincial Office.
Good Friday April 3 Easter Sunday April 5 Easter Monday April 6 Summer AQ Registration Opens Day of Pink April 8 Election Results Posted on OCT Website April 9 Earth Day April 22 Province-wide Strike Vote April 23-24
MAY
International Workers’ Day Committee Application Closes May 1 Catholic Education Week May 3-8
photo: © 3DRock / Shutterstock.com
Children’s Mental Health Week May 3-9 Victoria Day May 18 Provincial Executive Meeting May 21-22
JUNE
Summer AQ Registration Closes June 5 Provincial Executive June 10
6 @ OECTA | April 2015
Council of Presidents June 11-12
inbox
CLC CONFERENCE SENDS CLEAR MESSAGE With the federal election approaching, the CLC ensures the voices of Canadian workers are heard – and well represented. By Simon Dallimore
D
uring the first few months of this year, the Canadian Labour Congress (CLC) held Election Preparation Conferences in cities across the country. The first of these, hosted by the Waterloo Regional Labour Council, was held in Kitchener on January 23 and 24. Two hundred members from a variety of labour organizations, including many from the education sector, attended the event. They were all given a clear message: with the federal election quickly approaching, the CLC wants to make sure the concerns and voices of Canadian workers are heard and represented. The conference featured stimulating speakers and informative small-group workshops. Speakers delivered passionate messages, including those from Ontario Federation of Labour President Sid Ryan and CLC Senior Economist Angella MacEwen. Speakers consistently highlighted recent studies and articles that have sounded the alarm against a rapid increase in wage disparity, decreasing employment rates across Canada, and alarming cuts made to health care since the Conservatives took office. The message? The rapidly rising wealth of the top 10 per cent of Canadians* is in sharp contrast to the decreasing full-time employment rates and declining incomes of the lower 50 per cent of Canadian society.**
wages, shrinking health care budgets and adverse changes to pension plans. The CLC’s four key values challenge the government’s agenda and directly address the needs and wants expressed by the vast majority of Canadians. The federal election, now scheduled for October 19, is important for all Canadians. The Election Preparation Conferences provided a great way to get involved and learn more about how the CLC is fighting for the well-being of us all. This will be a very important election. Please get involved and ensure your voice is heard. * The top 10 per cent of Canadians controlled 47.9 per cent of wealth in 2012. ** The bottom 50 per cent of Canadians accounted for less than six per cent of wealth in 2012. Simon Dallimore is a member of the Waterloo OECTA unit and OECTA representative at St. John Paul II School in Kitchener. He is also a member of the local Political Advisory Committee and a representative for the Waterloo Regional Labour Council.
The conference stressed four values the CLC will focus on for the upcoming federal election: • a fair Canadian pension plan; • decent jobs that provide hope for the future; • accessible health care for everyone; and • affordable child care. There have been increasing attacks against the labour movement during the past few years. These attacks have resulted in lower
The Broadbent Institute provides an abundance of information on the effects of the growing disparity in the wealth distribution across Canada. The institute is also a great place to get statistics and information that can be used to augment the new Social Studies curriculum. Visit www.broadbentinstitute.ca.
AGM
ANNUAL GENERAL MEETING, 2015 On March 14-16, 2015, more than 800 participants attended OECTA’s Annual General Meeting in Toronto. Here are some highlights:
photo: Stephanie Lake
Newly Elected Provincial Executive All positions on the Provincial Executive were up for election at this year’s AGM, as well as OECTA’s five Ontario Teachers’ Federation (OTF) Governor positions. Below is the OECTA Provincial Executive for 2015-16 as elected at the 2015 AGM. The 2015-16 Provincial Executive will take office on July 1, 2015.
FRom Left to Right: David Church, Deputy General Secretary; Chris Cowley, OTF Table Officer; Andrew Donihee, Third Vice-president; Anthony Rocchio, Councillor; Barb Dobrowolski, Second Vice-president; Liz Stuart, First vice-president; Ann Hawkins, President; James Ryan, Past President; Marshall Jarvis, General Secretary; Michel Derikx, Councillor
Strike Vote President James Ryan gave a rousing report to AGM delegates regarding the status of provincial bargaining and the employer’s initial proposal. Ryan spoke to delegates as OECTA activists and urged them to vote in favour of a strike mandate on April 23 and 24. Ryan said the employer side has lived up to our expectations by demanding a freeze, but that’s not all. Now they are trying to take back everything we have gained in bargaining for decades – locally and provincially. “Everything is affected – our working conditions, our professionalism as teachers,” said Ryan.
Fee Debate AGM delegates debated extensively and voted in favour of a $50 fee increase in order to assist OECTA Provincial in meeting the needs of the membership. Effective July 1, 2015, the fee will increase to $1,000; the increase will be reflected in members’ first pay in September. This marks the first fee increase to affect the general fund in 10 years; the fee was increased from $890 to $950 on July 1, 2005.
photo: Stephanie Lake
OECTA’s Past Presidents A number of OECTA’s past presidents joined the Association at its annual dinner on March 15.
FRom Left to Right: KEVIN O’DWYER, MICHAEL COTé, PETER GAZZOLA, JAMES RYAN, KATHY MCVEAN, HELEN BIALES, EILEEN LENNON, JIM COONEY, LEO NORMANDEAU, ELAINE MAC NEIL, GEORGE SARANCHUK AND MARSHALL JARVIS
8 @ OECTA | April 2015
AGM
AGM 2015 AWARD RECIPIENTS OECTA past presidents, the current Provincial Executive and more than 600 delegates and guests were in attendance at the AGM dinner to honour four very deserving award recipients for their contribution to Catholic education, the teaching profession, social justice and OECTA. Read the complete tributes to this year’s award recipients in the Awards section at www.oecta.on.ca
Life Membership
photo: Stephanie Lake
photo: Stephanie Lake
Honorary Membership
Jeff Heximer received Honorary Membership in OECTA for diligently defending the interests of members, and fierce dedication to labour and social justice principles, which earned him considerable respect and admiration. (Left to Right: Marshall Jarvis, Jeff Heximer and James Ryan)
Pearse Shannon Memorial Association Award
photo: Stephanie Lake
photo: Stephanie Lake
Marion Tyrrell Memorial Award of Merit
Jim Whitechurch received Life Membership in OECTA in recognition of his exceptional contributions to teaching, involvement in union matters, and strong desire to better the lives of other people. (Left to Right: Marshall Jarvis, Jim White Church and James Ryan)
Jeremy Cox received The Marion Tyrrell Memorial Award of Merit in recognition of his professionalism, involvement and dedication to helping people – from students to teachers to the community at large. (Left to Right: Marshall Jarvis, Jeremy Cox and James Ryan)
Kathleen Gardiner received the Pearse Shannon Memorial Association Award in recognition of her EXCEPTIONAL tenacity, tireless devotion on behalf of OECTA members, and her ability to both lead and mentor future leaders. (Left to Right: Marshall Jarvis, Kathleen Gardiner and James Ryan)
April 2015 | @ OECTA 9
#OECTAGM15
10 @ OECTA | April 2015
teachers aid
PROFESSIONAL DEVELOPMENT WHAT EVER HAPPENED TO THE # SIGN? Our beloved pound sign has morphed into a hashtag. And we are putting it to good use with #WhatTeachersDo. photo: © Lculig / Shutterstock.com
By Anthony Carabache
Have you heard of Rip Van Winkle Syndrome? It gets its name from a short story called “Rip Van Winkle,” written by American author Washington Irving and published in 1819. It tells the story of a man who falls asleep in the Catskill Mountains of New York, only to wake up 20 years later. Essentially, the man slept through the entire American Revolutionary War and then found himself in a world that was quite alien. Sound familiar? The Hashtag Fast forward to 2015 and consider Twitter – a revolution of sorts, and the most popular social media network on earth. It is hard to believe it has only been around for nine years, and particularly popular in the last five. It was during this incredibly short time that we began losing touch with the # sign, or pound sign, the hardest working of all telephone buttons. This # sign has now evolved into something called the hashtag. Simply put, the hashtag is a breadcrumb for the explorer, a signal for the curious, and a beacon for anyone who is lost in the river of information that is Twitter. Its origins are actually highly technical in the world of programming code, but in our world our beloved # acts as a guide toward shore, a dock or even a fireside chat that gives a breath of calm and focus in an otherwise distracted medium. At OECTA, we decided to create our own breath of calm just for teachers, one that talks about the intangibles we often forget about in the world of teaching. We have started the hashtag #WhatTeachersDo and we invite you to share the warmth of this unique fireside chat with us.
What is #WhatTeachersDo? #WhatTeachersDo is meant to be about the little things we do that make a difference in our school communities. It is meant to be a place of sharing where we can show each other that news doesn’t always have to be negative. It is meant to bring to light just how beautifully we touch the lives of students. It is a small opportunity to demonstrate our passion for what we do. Whether it’s a Band-Aid on a skinned knee or taking a phone call from a teary parent – these are the stories that drive our passion. It’s the little things that matter to our students; it’s the little things that keep us up at night thinking about them; and it’s the little things that bring our students back to our classroom doors years later. #WhatTeachersDo celebrates the little things that make teaching unlike any other profession on Earth. How to #WhatTeachersDo? Twitter is a wonderful source of self-directed professional development. If you have never used it before, it is worth the five minutes to sign up. There is a short tutorial on YouTube that is available by searching the following terms in Google: How To #WhatTeachersDo. There, you will find a five-minute lesson showing you how to participate.
Anthony Carabache is a secretariat member in the Professional Development Department at OECTA Provincial Office.
April 2015 | @ OECTA 11
teachers aid
Teacher Advisor TEACHERS 24/7 Do teachers pay a big price for off-duty misconduct? By Joe Pece
alls made by members to OECTA’s Counselling and Member Services Department regarding situations in their private lives (and how these might affect their employment) have increased during the past few years. A member may have been charged with assault during a dispute with a neighbour, faced an impaired driving charge on the weekend, or posted unflattering comments about their principal on Facebook. Many cannot fully understand how these behaviours outside of work could have an impact on their professional lives.
C
According to Mr. Justice La Forest: “Teachers are inextricably linked to the integrity of the school system. Teachers occupy positions of trust and confidence, and exert considerable influence over their students as a result of their positions… By their conduct, teachers as ‘medium’ must be perceived to uphold the values, beliefs and knowledge sought to be transmitted by the school system... Teachers do not necessarily check their teaching hats at the school yard gate and may be perceived to be wearing their teaching hats even off duty.”
Members must be aware that we are considered to be teachers 24/7. This statement refers to the level of scrutiny we can undergo – even in our private lives. It does not refer to the amount of work we do, although it may feel that way at times. Teachers are held to a high standard when it comes to behaviour both inside and outside the classroom.
The implications are that a teacher may be disciplined, up to, and including, termination for actions and beliefs expressed outside the classroom, if their conduct has violated the standards of the teaching profession.
The Ontario Education Act outlines the duty of a teacher under section 264, which states, (among other duties), that it is the duty of a teacher “to inculcate by precept… the principles of Judeo-Christian morality and the highest regard for truth, justice, loyalty, love of country, humanity, benevolence, sobriety, industry, frugality, purity, temperance and all other virtues.”
Teachers who are employed in Catholic schools are often expected to hold themselves to an even higher standard. Catholic school boards in Ontario have denominational rights under Section 93 of the Constitution Act, 1867. This means Catholic school boards have the right to discipline and/or dismiss teachers based on their denominational rights.
Supreme Court Decisions The consequences of behaving in a manner that abrogates these virtues can be devastating to one’s teaching career. If that standard were not quite high enough, the Supreme Court of Canada has made several decisions that have further defined the standard for judging the off-duty misconduct of teachers. In other words, teachers need to be aware that misconduct, though unrelated to work, could be grounds for justified dismissal according to the courts.
Freedom of Expression? What has the law and the courts established with regards to the expected standards for teachers? Do teachers have the right to express themselves in today’s culture and environment? Has our freedom of expression been curtailed? These are all good questions members ask when they are being scrutinized for off-duty conduct. As citizens, we all have the right to freedom of expression. However, we must be aware that unbridled public behaviour or comments could bring our professionalism under scrutiny.
In Ross v. New Brunswick School District No. 15 (1996, SCC), a teacher published anti-Semitic writings and made racist statements outside the classroom. The Supreme Court of Canada decided, even though there was no direct evidence of the impact, that it was reasonable to infer that the teacher’s behaviour had poisoned the educational atmosphere.
12 @ OECTA | April 2015
A key component in evaluating the impact of the expression is the disruption that it causes in the school community. Traditionally, the courts have clearly indicated that there is a link among the objectives and policies of the school board, the values of the school
photo: © Baranq / Shutterstock.com
community and the nature and limitations of a teacher’s Charter rights. In Peel Board of Education v. OSSTF (2002), a board of arbitration upheld the termination of a teacher because of out-of-class racist activities. It was felt that the teacher had undermined board values. As well, the Ontario College of Teachers found the teacher guilty of professional misconduct and revoked his teaching certificate. Social Media Platforms Facebook, Twitter, Instagram, blogs, forums, Snapchat and “selfies” have given us platforms for sharing thoughts, beliefs and opinions as well as displaying aspects of our personal lives. This has further expanded the minefield. It is agreed that teachers’ personal lives and conduct are their own business unless the personal misconduct contributes to ineffectiveness in the classroom or represents harm to students. Interacting with colleagues online can be a great way to stay connected. However, teachers should avoid using online conversations to vent frustrations arising from their professional or personal lives.
The increasing use of social media has resulted in a corresponding increase in the number of arbitration cases related to the discipline of employees for offensive posts about co-workers, managers and employers. The College of Teachers’ “Professional Advisory – Use of Electronic Communication and Social Media” warns, “online identities and actions are visible to the public and can result in serious repercussions or embarrassments and advises teachers to consider whether any posting may reflect poorly on you, your school or the teaching profession. Avoid online criticism about students, colleagues, your employer or others within the school community.” Do not post anything on social media sites that you would not post on a bulletin board outside your own classroom. An employer, the police, the Children’s Aid Society and the College of Teachers can all scrutinize off-duty conduct. Teachers are teachers 24/7 and must always be aware of the impact their behaviour in the classroom and in their private lives can have on their professional careers. Always contact OECTA first if advice is needed. Joe Pece is the department head for the Counselling and Member Services Department at OECTA Provincial Office.
April 2015 | @ OECTA 13
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14 @ OECTA | April 2015
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teachers aid
Legal Brief UPLIFTING UPDATES: A look at some noteworthy Canadian legal decisions
By Charlene Theodore
It’s been a long winter. Between the deep freeze in Ontario and the deep snow in the Maritimes, I think we could all use a break. I can’t take any of you on a tropical vacation, nor can I make the warm weather come any faster (though I am praying for this daily). However, I can share some legal updates that will lift your spirits as we move into spring. Mounted Police Association of Ontario v. Canada Our highest court showed strong support for workers’ rights and unionization. The Supreme Court of Canada decision in Mounted Police Association of Ontario v. Canada gave RCMP officers the right to unionize in a landmark decision. The RCMP was the only police force in the country that was not unionized and handled labour relations with a staff association program. The court held that the staff association structure violated the officers’ Charter right to freedom of association because it did not allow for a meaningful collective bargaining process and was not completely independent of management.
photo: © Rawpixel / Shutterstock.com
London Transit Commission v. Amalgamated Transit Union The common employer practice of implementing new procedures in the workplace without providing the necessary training may be coming to an end due to the Ontario Labour Relations Board’s decision in London Transit Commission v. Amalgamated Transit Union. This case involved a transit organization that attempted to implement new brake procedures after complaints about safety concern. The employer did not provide training on the new procedure, but did post information in the workplace. During a Ministry of Labour inspection, management was ordered to provide training on the new procedure to all employees. The employer appealed the order, arguing that the posting was sufficient proof that the employees understood and/or were
aware of the new procedure. In a worker-friendly decision, the Ontario Labour Relations Board determined that, without training or instruction, the new procedure could endanger the safety of employees and the order was upheld. The board also rejected the employer’s assertion that the training would prove too costly. Saskatchewan Federation of Labour v. Saskatchewan On the heels of the Mountie decision, the Supreme Court also confirmed the Charter right to strike for public sector employees who had been deemed essential service workers in Saskatchewan Federation of Labour v. Saskatchewan. This case reversed the court’s previous position taken on the same issue 30 years ago, essentially overturning its own precedent. Essential services legislation, which removes the right to strike, is commonly used and still permitted. However, essential service workers are entitled to a replacement dispute-resolution mechanism, in the absence of the right to strike, typically interest arbitration. Saskatchewan essential service workers did not have access to interest arbitration or any other dispute-resolution process and, as such, the restriction on their right to strike was deemed unconstitutional. The right to strike gets constitutional protection for the first time, the law and freedom of association is expanded, and worker safety takes precedence at the Ontario Labour Board. It is shaping up to be a good year for the labour movement across Canada. Stay warm and let’s hope for more good news in the coming months. Charlene Theodore is in-house legal counsel at OECTA Provincial Office.
teachers aid
Insight THERE’S SOMETHING IN THE AIR Is your school climate a positive one?
“Research shows that there is a direct link between student success and the environment in the school.”
By Doug McCarthy
Many of you have likely had an experience similar to one I had recently. I offered to help a friend with a home project, and when I arrived I could tell that he and his wife had been arguing. I didn’t hear them fighting; my friend didn’t tell me they had been fighting; and he and his wife were polite and courteous to me. But even though there were no obvious signs, I knew they had been quarreling. There was an undefined “something-in-the-air” that made me feel uncomfortable. I just wanted to leave. I have experienced the same “something-in-the-air” feeling when entering some workplaces – an unsettled climate that makes one wonder what is going on behind the scenes. What issues have not been resolved? What grievances have not been heard? What arbitrary decisions have been made without input from those who are affected? On the other hand, I can sense an optimistic climate in other situations where the “feeling” is one of people who get along, who are committed to a common purpose, who resolve issues in a safe environment.
One of the most important outcomes of a positive school climate, and arguably one that could receive more focus in the many documents that have been produced on the topic, is that student achievement is affected by school climate. Ministry documents have defined the school climate as: “the learning environment and relationships found within the school and school community.” What is significant is the climate is not created just by the relationship teachers have with students but by all relationships: adult and student, student and student, adult and adult. A positive climate is an environment in which people feel engaged and respected, and where students, teachers, principals and parents contribute to a shared school vision. While initiating methods to measure school climate is important, sometimes you can just tell what’s going on by visiting a school and asking the question: “Is there ‘something-in-the air’ that would make me want to be a part of this community – or not?” Doug McCarthy is a retired OECTA member and principal, and currently a member of OECTA’s Speakers’ Bureau.
photo: Liam Sharp
Interestingly, these same contrary climates can be felt in different schools, to varying degrees. Research shows that there is a direct link between student success and the environment in the school. When reflecting on our own school days some adults will
remember that “something-in the-air” feeling that made them feel safe and motivated to be successful at school – or not.
16 @ OECTA | April 2015
people worth watching
THEO CULL WINS SEAT FOR SECOND TIME OECTA member focuses on dollars and development in Latchford By Janine Druery Theo Cull has always been politically minded – he even studied political science in university. But the core French teacher at Holy Family in Englehart, and member of the Northeastern OECTA unit, never thought he’d run for office. All of that changed in 2010 when he was elected to municipal council in Latchford, a town located in Timiskaming District in Northeastern Ontario.
been there more than 100 years. We need to maintain services for people, including seniors who are on fixed incomes, and attract young families.” He’s definitely enjoying the challenge. “This is my eighth year on council and it takes a long time to get a handle on all the ins and outs,” he says. “There’s a lot to learn and I am thoroughly enjoying it now.” In addition to his duties on council, Cull teaches French full-time to children in JK through Grade 8, which he also loves. Theo Cull
“My wife and I bought a house in Latchford in 2008, and that fall there was a vacancy on council,” recalls Cull. “I wanted to be active in my community, I enjoyed the idea of politics, and I thought it would be an interesting thing to apply for.” He won the seat in 2010 and then was elected for the second time in the 2014 election. It now all seems like a logical progression for Cull, who is also serving as the town’s deputy mayor, chair of the finance committee and co-chair of the economic development committee. Cull, who grew up just outside New Liskeard and moved to Latchford in 1998, is drawn to the area and its needs. He ran his campaign with budgetary and community growth on the agenda. “We are a small community with no industry,” he notes. “But it’s a tight-knit community, with lots of history, and lots of families have
“I happen to come from a family of teachers,” says Cull. “I grew up around teachers, and having an appreciation and love for that career, I naturally progressed toward it.” Cull also has an interest in union matters, and is the OECTA rep at his school this year. He has been the Association rep at other schools in the past and ran for second VP at his unit a few years ago. When you factor in teaching and union matters and politics (not to mention fishing and hunting on the weekends and crosscountry skiing every night during winter), Cull has a lot on his plate.
“I don’t have any kids yet, so between all the meetings and teaching it’s not too overwhelming,” he says. “It balances pretty well so far. And in three-and-a-half years I will probably run again.” Janine Druery is the Communications Specialist in the Communications Department of OECTA Provincial Office.
April 2015 | @ OECTA 17
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GREENFIELD KEEPS THE PROMISE Inspired by the Keep The Promise Youth Summit, a teacher and her students raise awareness about Canadian children in jeopardy. By Diane Lewis This story begins with the 1989 promise by the federal government to end child poverty by the year 2000. If that promise had been kept, child poverty would be a footnote in a history book, not a reality for one in five Canadian children. Before legally binding agreements and charter challenges there existed a “gentleman’s agreement”; a person’s word was a bond. You looked someone in the eye, shook hands and made a promise. In November 2014, I participated, along with my students Joella MacIsaac and Adam MacLean, in the Keep The Promise Youth Summit on Child Poverty in Ottawa, co-sponsored by the Canadian Teachers’ Federation and Campaign 2000. At the Summit, we were inspired by the speakers and the 50-plus middle-school children from across Canada. In particular, James Bartleman’s story struck a chord. From humble beginnings to Lieutenant Governor of Ontario, he never forgot the struggles of his youth. Many people spoke with affection about June Callwood and her undying passion to improve the lives of children. Shortly after we returned from the Youth Summit startling statistics were released: in Cape Breton, one in three children are poor – much higher than the national average. This is an unacceptable reality in a country like Canada with a Charter of Rights and Freedoms, strong social programs, and a former prime minister who was a Nobel Prize recipient. We felt we had to do something to raise awareness of the plight of Canadian children. We set up a website, in addition to Twitter, Gmail and Instagram accounts. We knew we needed help and had to form partnerships. We added five students to our team, brainstormed solutions, and came up with the following plan: • We held a flea market so we could be self-sufficient and fund our own projects. This caught the attention of the Chronicle Herald in Halifax and we made the front page. • We wanted a short project that would have an immediate impact so we gathered winter coats and donated them to the Salvation Army. • We made a presentation to the Cape Breton Regional Municipality CBRM council that was broadcast live on cable television and on the Internet. The next day we were part of the CBC radio newscast and a special council report. The municipal councillors decided to support us and are sending a letter to the prime minister. • We shared our experience with students in our school through a Keep The Promise rally. Students viewed a PowerPoint presentation of our trip to the Summit, a puppet show, and movies made by Joella and Adam.
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Greenfield Elementary-Keep the Promise Group receive the Nova Scotia Lieutenant Governor’s Award. [L-R]: Adam MacLean, The Hon. J.J. Grant, Lieutenant Governor of Nova Scotia, Joella MacIsaac
• We are currently working on a book about child poverty that we will self-publish online. It will be donated to schools and libraries. • We developed a poverty word-game for a magnetic board. • The Nova Scotia Teachers Union is supporting us with a “Postcards to Harper” campaign. • We are hosting a Cape Breton Youth Summit on Child Poverty during Education Week in 2015. • Joella and Adam received Nova Scotia’s provincial Lieutenant Governor’s Award in February. This opportunity to participate in the Keep The Promise National Student Summit is changing the trajectory of the lives of these students, and has created a youth movement determined to hold politicians accountable to the children of this country. Diane Lewis is the Teacher Advisor for the Keep the Promise-Cape Breton group. She teaches visual art for the Cape Breton Victoria Regional School Board.
NOTES FOR ONTARIO TEACHERS
The Cape Breton Chapter of Keep the Promise is having some success by tapping into the needs and resources in its community. Teachers in Ontario who want to design their own programs should assess their school’s environment and poverty levels. It is not a cookie-cutter approach; what works in Cape Breton may not translate into an inner-city school in downtown Toronto. Find out your local needs, network with groups that are in the field, ask questions and make long- and shortterm plans. Use social media to build partnerships and educate people. As the teacher/advisor, know when to step in and out of the process. Your job is to facilitate, not to do everything for the students. Listen to the students — they have a lot of insight and can teach you some of the finer points of living in an economically depressed home. It is labour-intensive work, but is very rewarding.
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Helping STUDENTS Succeed with Technology Teachers and parents share the responsibility for helping kids use today’s devices appropriately and effectively. By Mitch Champagne As a teacher, it is my responsibility to prepare students for the future. As part of this, I have to help them develop proficiency with today’s modes of communication – including how to effectively use technology. Some people still debate whether or not technology helps students learn better; I believe that to be a futile argument. Our students need these skills. Technology is, quite simply, today’s pen. Yet, while teachers have an important role to play, parents can also set their children up for success with technology – and put them on the right path toward its effective use. Multiple Platforms While some students are quite proficient using an iPad, they may struggle when using a PC. Furthermore, as many school boards generally deploy Windows based PCs, nearly all of their students find it challenging to work with a Mac Operating System. As technology continues to evolve, it is best if students are exposed to multiple platforms, including Windows, Mac, IOS, Android and Linux. Being comfortable with a variety of operating systems will enable them to adapt more easily to a diverse range of technologies in the future. Maximizing Screen Time It is important to limit passive screen time, but parents should also focus on maximizing their children’s active screen time. There are many fantastic educational apps and websites that allow students to create something novel. One of the best ways for children to spend their time is to learn to code. Websites such as code.org and codeacademy.com are great places for children as young as five to learn the basics of coding. More advanced skills can be developed by working through the activities of the Khan Academy (khanacademy.org) and Google’s Blockly (blockly-games.appspot.com).
Responsible Use of Tech Research shows that families can encourage language and literacy development by creating a home environment in which there is a lot of reading, writing, talking and listening. Children look to their parents as models for all behaviours, and when they see their families reading often, and engaging in conversation with them, it serves as a natural motivation to engage in those same behaviours. This same thing can happen with the use of technology in the home. If children see their parents using their cell phones at the dinner table, they will naturally think this is acceptable and will do so themselves. Conversely, if children see their parents use technology in responsible ways, they will likely develop those habits. Digital Footprints As a student in elementary and high school, I made all kinds of mistakes. But thankfully, those mistakes were not immortalized on YouTube or Twitter. Today, our children must understand that the stakes are higher when they do or say things using social media and on websites. Even applications such as CyberDust and SnapChat, which tout the ability to erase your words, pictures, and videos instantly, are not immune to another user taking a screenshot. Having an open and ongoing dialogue about digital footprints is a great way to help students make informed decisions as they navigate the constantly evolving digital landscape. While some classrooms, schools and districts require their students to check their technology at the door, I would much rather teach students to use these devices appropriately and effectively, to learn to be responsible, and to reap the benefits of what technology has to offer. The responsibility for this goal should not rest on the shoulders of the education system alone; it should be a collaborative effort with the home.
Mitch Champagne is a member of the Peterborough, Victoria Northumberland and Clarington (PVNC) OECTA unit, a teacher at St. Alphonsus Catholic Elementary School in Peterborough, and a part-time faculty member at Trent University. Check out his blog (thetechnoliterate.wordpress.com) and follow him on Twitter @MitchChampagne.
April 2015 | @ OECTA 19 photo: © Angela Waye / Shutterstock.com
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STUDENT VOTE Bringing citizenship and democracy to life By Dan Allan
Student Vote is a unique, hands-on learning program that aims to develop habits of informed and engaged citizenship among students. Through this program, students learn about government and the democratic process, and research the issues, parties and candidates through classroom learning, family dialogue and campaign events. The program culminates with an authentic vote where students take on the roles of election officials and cast ballots on actual local candidates running in their school’s riding. Student Vote results are shared with media for broadcast and publication following the close of the official polls.
“Student Vote uses the election as a teachable moment to bring the concepts of citizenship and democracy to life,” says Lindsay Mazzucco, Chief Operating Officer of CIVIX. “Instead of studying about democracy from a textbook, students experience it first-hand with pertinent issues in real-time.”
photo: Hannah Zitner
This coming October, more than 5,000 schools and 600,000 students from across Canada are expected to take part in the largest Student Vote parallel election ever conducted.
The next Student Vote program will take place in conjunction with the 2015 federal election scheduled for October 19, 2015. The program is free and open to all Ontario schools. The Ontario English Catholic Teachers’ Association (OECTA) has been a proud supporter of the Student Vote program from the very beginning. Since 2003, there have been 10 Student Vote parallel elections held in the province, allowing more than two million young Ontarians to experience the voting process. This would not have
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A student casts his ballot during the 2014 Student Vote election at Meadow Green Academy in Mississauga
been possible without the dedicated support of OECTA and its members across the province. Registration for the federal election program will open later this spring. Participating schools will receive educational resources, posters, riding maps, ballots and ballot boxes as soon as the election is called. For more information, visit www.studentvote.ca or call (toll free): 1-866-488-8775.
Dan Allan is the Research and Communications Manager at CIVIX, the charitable organization that runs the Student Vote program.
April 2015 | @ OECTA 21
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YOUR PROVINCIAL LONG-TERM DISABILITY PLAN Why LTD insurance just may be your most important benefit. By Kirk McIntyre Long-term disability (LTD) insurance that replaces lost earnings if you can’t work is often ignored and undervalued compared to group health care and dental benefits – until you need it. In reality, LTD insurance may be your most valuable insurance benefit. LTD protects your earning ability and, compared to life insurance, you are four to six times more likely to become disabled than die during your working lifetime. At OTIP (Ontario Teachers Insurance Plan), we believe in putting teachers first. This means ensuring that your provincial LTD plan provides you with the protection and services you need, even if you never give it a second thought. Why a Provincial LTD Plan Matters OTIP provides one LTD plan for all eligible plan members. This provincial plan has been tailored to meet the needs of teachers, and to ensure equity and consistency to all members regardless of where they reside in the province. The fact is, we are better together: one union and one plan for the long-term stable, sustainable benefit of our members. As an OECTA member, you benefit from this provincial plan and from participation in the larger OTIP LTD pool in a number of ways:
photo PROVIDED BY: OTIP
Better Value Bigger truly is better. The increased scale means greater buying and negotiating power with insurers and health care service providers. The resulting cost savings translate into better benefits and/or lower member premium rates. In comparison to other educational worker LTD plans across Canada, OTIP rates are among the lowest in the country. Being bigger also allows OTIP the ability to design a plan that is unique to you and your needs as a teacher.
22 @ OECTA | April 2015
WHAT IS OTIP? Almost 40 years ago, a group of like-minded individuals came together to create OTIP. They strongly believed that a not-for-profit health and welfare trust that was part of the educational community would better serve the insurance needs of Ontario’s teachers. OTIP has a deep understanding of the teaching profession, and delivers value-added and focused services, expert advice, unique plan design, and long-term stable underwriting agreements. At its core, the trust provides the governance vehicle to administer plans and trust funds that protect local leaders and plan members. Increased Stability Being bigger not only ensures low rates, it also reduces the volatility of plan experience and provides members with more stable premiums. Lower volatility has the benefit of improving the long-term sustainability of the OECTA plan at a cost that is reasonable today. This is particularly important to smaller units across the province that would not have the size and scope to offer this level of protection, value and added service without the benefit of a larger membership. Enhanced Service OTIP’s understanding of teachers’ working environment, combined with our insurance expertise, enables us to provide services that are tailored to the needs of our members, such as specialized early intervention and dedicated rehabilitation consultants. Your provincial LTD plan gives you all the benefits of a large plan, while at the same time providing important localized service. For example, OTIP’s rehabilitation consultants and service representatives will meet members in their communities when a phone call simply won’t do. At OTIP, we also believe in advocacy and due process. We have internal checks and balances to ensure your interests are dealt with fairly, and offer an alternate dispute mechanism and appeals process that respects the principles of fair representation. Important Value-adds You may have heard the expression, “Membership has its privileges.” This is definitely true for you as a member of the OECTA LTD plan and the OTIP LTD pool. At OTIP, we don’t have a profit motive. We have something more inspiring: a “putting teachers first” motive. All profits remain in OTIP to help fund plan improvements, as well as important, value-added services. These include CAREpath, a specialized cancer assistance program, and FeelingBetterNow, an anonymous, web-based mental health care program, both available to you at no additional cost. For more information, please visit www.otip.com. Kirk McIntyre is President of Group Insurance Services at OTIP (Ontario Teachers Insurance Plan).
OECTA AND OTIP, UNITED WE SAVE UP TO 50% ON HOME INSURANCE Membership has its benefits OECTA members who purchase car insurance from OTIP save up to 50% on home insurance. Hands up if big savings and incredible service sound good to you.
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