McNally v. School District 61, 2022 BCSC 1671

Jurisdiction:

BC

Court:

Supreme Court of BC

Practice Area:

Civil Litigation

RETURN TO ALL RESULTS

Velletta Pedersen Christie represented one of two School District 61 trustees that had been purportedly suspended by their fellow trustees in early 2022.

This matter proceeded by way of a Petition to the British Columbia Supreme Court, and was heard over three days in May, 2022.  Reasons for Judgment were released on September 23, 2022.

The primary focus of the decision was whether the Board of Trustees had authority, by way of a majority vote, to suspend the two trustees.  It was argued by the Petitioners that as elected officials, no such power existed.  Such a power, it was argued, would be contrary to democratic principles, and to the statutory scheme set out in the School Act., RSBC 1996 c. 412.

School Boards and Trustees derive their authority from the School Act, which sets processes for the election and removal of trustees.  There is no provision in the School Act that permits one group of trustees to effectively “vote out” another trustee for any reason.  As there is no statutory authority for the removal of trustees in that way, the respondent School District argued that their existed an “implied authority” to suspend trustees.

Ultimately, the court concluded that the Board did not have the power to suspend a trustee in a manner that results in their de facto removal from office.  The relief sought by the Petitioners was granted, and the suspensions were set aside. 

This case was argued by W. Eric Pedersen.

Case Link: Paynter v School District No. 61, 2022 BCSC 1671 (CanLII)

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