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Tories Pass Teacher Code of Conduct Into Law, will Begin Collection of Personal Information on Teachers

The Minister of Education now has the authority to establish a code of conduct governing the behaviour of teachers while they are at school. Specifically, "the Minister may establish a code of conduct governing the behaviour of all persons in schools," which includes teachers.

In addition, no teacher is to be allowed to "enter or remain on school premises unless he or she is authorized by regulation to be there on that day or at that time," and the Minister may specify "classes of persons who are permitted to be on school premises" and may also specify "the days and times at which different classes of persons are prohibited from being on school premises." (It all happened when Mike's Marauders rushed Bill 81 through the Legislative Assembly, under the guise of a student code of conduct, in two weeks. I believe that Bill 81 is actually intended to control teachers, since there was already legislation in place to control students.)

Now, what is meant by "classes of persons?" Well, this government has been fond of using this term in various pieces of legislation, and it is usually "defined" like this:

"A class may be defined with respect to any attribute and may be defined to consist of or to exclude any specified member of the class, whether or not with the same attributes." (Sounds just a little arbitrary!)

I wonder when (if?) "union bosses" will be allowed to be on school premises? Could those in-school teachers who form their school's OSSTF executive be denied entrance to school premises?

Actually, it's quite scary, if you apply the definition of classes of persons to the section of Bill 81 that deals with suspensions: "The minimum and maximum duration" (of suspension) "may be varied by regulation, and different standards may be established ... for different classes of persons." Different standards for different classes of persons! Wow!

And I find it interesting that they don't specify "different classes of students," but instead use the phrase "different classes of persons," which could include teachers. Does this mean that teachers could be subjected to suspensions at the Minister's whim? But then, of course this government would never do anything to persecute teachers...

As to the collection of personal information, here is an excerpt from Hansard, 13A June, 2000. (13A because this government has deemed that one day may be two days for the purposes of time-defined proceedings.) A government MPP, Mr Joseph N. Tascona (Barrie-Simcoe-Bradford), during 3rd reading debate of Bill 81 in the Legislative Assembly, said:

"One other area I want to touch on at this time is the collection of personal information about persons and the request under the act to ask boards to collect this information. It's important for every student to feel safe and secure at school. One way of achieving this result is to ensure that students and parents know that they can trust people working in schools. We know that the vast majority of teachers and school staff have earned and deserve the respect of their students. Still, as the Honourable Sydney Robins told us, we can do more to ensure that children in schools are not abused by adults to whom they are entrusted.

This government is committed to identifying more and better ways to help ensure the safety of Ontario's children. Justice Robins's report, Protecting our Students: A Review to Identify and Prevent Sexual Misconduct in Ontario Schools, recommended that the government introduce mandatory criminal background checks for everyone teaching or working in Ontario schools. In order to make a safer school environment for students ... we will have to collect specific information."

Here is the "specific information" that the government feels that it needs to collect on Ontario's teachers in order to ensure "safe schools":

Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the teacher, information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the teacher or information relating to financial transactions in which the teacher has been involved, any identifying number, symbol or other particular assigned to the teacher, the address, telephone number, fingerprints or blood type of the teacher, the personal opinions or views of the teacher except where they relate to another individual, correspondence sent to an institution by the teacher that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence, the views and opinions of any other person about the teacher.

Now, under Bill 81, the Minister may specify the manner in which the above personal information is to be collected on teachers. I am aware of two official definitions of the manner of collecting information. One is "directly" (by asking the person); the other is "indirectly" (by any other means). Which method do you think that Janet Ecker will use? (Don't forget that she is the same person who once said that storing an electronic representation (in an electronic database) of the pattern on the tip of a person's finger is not the same thing as fingerprinting.)

Note that this list goes far beyond "criminal background checks," and even includes hearsay (third party) "evidence".

Also note that there was absolutely no reason for including this language in Bill 81 to enable the collection of personal information on students; this government gave itself the right to secretly collect personal information on Ontario's students a few years ago, through the infamous Bill 160. No, it is teachers that they are after this time.

Bill 81 must be repealed/withdrawn along with Bill 74 before a humane work environment can return to Ontario's school system.

Regards,
Rick Jones e-mail:   rickjone@kitwat.enoreo.on.ca
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