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- A12- The Terrace Standard, Wecinesday, March 23, 2005

Bid to overt

By DUSTIN QUEZADA

“A B.C. Supreme Court justice has

ruled that the Coast Mountains

School, District’s implementation

of a four-day instructional, week
- for 2004-05. was lawful, dismiss-
ing the case ofa local parent.

. The _ ruling, . released March
16,.marked the second time Ta-

‘nis Purssell’s efforts to have the
school district return to a five-day

week were rejected in court. .
“We're thrilled. We’ re thrilled,”

said Lorrie Gowen, the chair of the .

schoo! district.

~ “We truly believed ‘that we did .

‘the consultation Properly.”

The petition, heard in October
2004 in B.C. -Supreme Court in
Vancouver, sought to overturn the
board’s decision on the grounds it
was unlawful and without jurisdic-
tion, by. its failure to. comply with

"the School Act and the School Cal-
endar Regulation.

The case centred on the consul-
tation process between the board
and parents in determining a an in-
structional calendar.

In his judgment, the Hon. Jus-.
tice R.R. Holmes ruled the school
board fully complied with legisla-
tion in its implementation of the
four-day week. ,

‘fair,

The ruling continued to say ©

that consultation with parents and
employee representatives was full,
and .meaningful;.’ financial
disclosure was adequate, fair and
timely; and that the process and

‘procedure for consultation with

parent and employee representa-
tives conformed to “natural justice
and provided procedural fairness.”

Purssell said her main reason
for bringing the suit was the nature
of the consultation, questioning its
transparency.

“People need to know tiie the
actual figures,” she said of bud-
get information provided by the

board.

“The school board is able to
give any information, whether it’s
incomplete or inaccurate.”

Purssell’s suit paralleled her .

earlier petition brought before the
courts in February 2004 in respect
to the 2003-04 school calendar.

_... In that case, Mr. Justice. Pitfield
ruled the school board’s decision

to change to the four-day week had
been made without jurisdiction.

But, it would have been more.

disruptive at that point in the year
— February — to revert to the five-

day week than maintain the shorter’

schedule through year’s end, so

‘urn four-day week dismissed

the judge stayed the remedy.

- Gowen said the board ad-.
mittedly didn’t go through the
procedure right in 2003, but
that they had learned from their
mistake. ,

The school district had to pay
Purssell’s legal costs in 2003 for
that failure to follow procedure. —
The opposite is likely to be the

. case this time.

Phil MacAuley, Purssell’s
Vancouver-based lawyer, said .
he would not_comment on the
case during: the. >..30- day appeal
period.

a

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