'We see it as anti-teacher': Bill 35 to create independent teacher misconduct commission

The Manitoba government is following through with legislation it says will better protect children in schools.

Earlier this week, a bill to create an online teacher registry and independent discipline process for teacher misconduct was introduced in the Manitoba Legislature.

Measures that child protection advocates have long been calling on the province to put in place.

"We're very pleased to see the beginning of transparency in the province of Manitoba," said Monique St. Germain with the Canadian Centre for Child Protection (CCCP). "Manitoba is one of the provinces that does not have this system set up yet."

Under the new legislation, parents and students in Manitoba would be able to check on a teacher's disciplinary history, and have a new way to bring forward misconduct complaints.

Bill 35 would also create an independent commissioner who would oversee the complaint/discipline process.

A recent CCCP study found that between 2017 and 2021, a total of 252 current or former school personnel in Canada had committed or were accused of offences of a sexual nature against at least 548 students.

The organization Stop Educator Child Exploitation welcomes the registry but said the disciplinary process role is not as independent as it should be.

President of the public commission Anne-Marie Robinson said the panel that would hear misconduct matters would include both teachers and school board association nominees. "We feel they have a conflict of interest in that sense as well as the teacher's unions who owe a duty of care to their members," said Robinson.

The union representing teachers has its own concerns about Bill 35. "We at MTS oppose this legislation, we see it as anti-teacher," said Nathan Martindale with the Manitoba Teachers Society (MTS).

Martindale feels the definition of misconduct is too vague, and worries about minor or frivolous complaints from students that could unfairly impact a teacher's career. "If they receive a mark that they're not happy with, if a teacher raises their voice," said Martindale, giving examples.

Education Minister Wayne Ewasko said as a teacher himself he is troubled with the MTS's stance.

"I think keeping kids safe should be the number one priority, and it's actually troubling to hear that my former union is feeling that way," said Ewasko.

He added that due process is in place in the bill to prevent frivolous accusations.

On the independence of the discipline process, Ewasko said the panels are well-rounded and have representation from all sides, including the public.

The bill must still go through a second reading, and Ewasko said they are open to making changes to it when the time comes. "There will definitely be a committee stage where any suggestions or amendments can be brought up," said Ewasko. "We'll definitely take a look because it's going to be very important to hear from the public."

It's unclear yet if the legislation will pass. The NDP are able to delay a handful of bills, which could ultimately prevent them from passing due to the provincial election in October.