Decision to Take Control of School Board Upheld by Court

The Supreme Court of Nova Scotia has upheld a decision by Education Minister Karen Casey late last year to strip authority from elected members of the Halifax Regional School Board.

Justice Heather Robertson today, Oct. 29, rejected an application by seven of 13 school board members to quash the decision and to re-instate them as fully functioning members of the board.

She ruled Ms. Casey's action against the members was both lawful and reasonable.

"I am pleased that the court has agreed that we took the correct course of action," said Ms. Casey. "This has always been about being accountable to the public and protecting the interests of metro Halifax's 53,000 students."

The minister's decision to transfer authority from the elected board to a one-person board capped a year of internal division that rendered the 13-member board dysfunctional.

Authority was formally removed from the elected board on Dec. 19, 2006 under section 68 of the Education Act.

"I understand the important role that school boards play in the delivery of education in the province of Nova Scotia, but elected members must clearly understand and respect their roles, their responsibilities and their fellow board members," Ms. Casey said

In her ruling, Justice Robertson found that the minister's office closely monitored the conduct of board members, responded to public concerns about their behaviour, and balanced the interests of board members with those of students and parents before moving to restore stability to the troubled board.

Howard Windsor, the retired deputy minister appointed to replace the board, will continue in his current role until next October, when a new school board will be elected.

"I want to take this opportunity to again thank Mr. Windsor for his dedication and hard work on behalf of metro students," said Ms. Casey.