February 10, 2014 Commissioner Bruce Preston Ministry of Education Teacher Regulation Branch 400-2025 West Broadway Vancouver

BC V6J 1Z6 Dear Commissioner Preston: Re: Complaint and Request for TRB Investigation

The recently released BC Supreme Court Decision by Justice Griffin reveals the possibility of conduct and/or competence violations of TRB Standards by certificate holder, Donald Sydney McRae, which need to be investigated. BC Supreme Court Justice Griffins recent decision for British Columbia Teachers Federation v. British Columbia, 2014 BCSC 121, includes the following excerpts which indicate that the Executive Council of the Government of BC, of which Donald Sydney McRae was and remains a Member, deliberately tried to provoke a strike in K-12 public schools: The Court has concluded that the government did not negotiate in good faith with the union after the Bill 28 Decision. One of the problems was that the government representatives were preoccupied by another strategy. Their strategy was to put such pressure on the union that it would provoke a strike by the union. The government representatives thought this would give government the opportunity to gain political support for imposing legislation on the union. [Summary, p. 3, emphasis added] When a full strike did not materialize, so important was a strike to the government strategy that in September 2011, Mr. Straszak planned a government strategy of increasing the pressure on the union so as to provoke a strike. [para. 386, emphasis added] When the BCTF did not respond by calling a full strike the government followed Mr. Straszaks recommended strategy to engage in pressure tactics to try to provoke a strike. [para. 419, emphasis added] The government measures challenged here -- the two regulations, the mandate to BCPSEA, and the narrow terms of mediation -- in total came close to the tipping point, especially given the evidence that the government was trying to provoke a strike so as to have public support for imposing legislation that might otherwise seem heavy-handed, and the evidence that one purpose behind its regulations was to undermine the influence of the union. [para. 548, emphasis added] There are other pertinent facts in that Supreme Court decision; please consider them all (ie para 383-387, 650-676, etc).
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Justice Griffin determined that Government strategy and actions were for the purpose of political gain. As a result of deliberate Government provocation and bad-faith negotiations, BC teachers withdrew services from students and their families, teacher morale and trust in government officials declined, and trust and confidence in the education system (including trust of both government officials and teachers) by both parents and the general public suffered. Deliberate sabotage of our public education system by our public officials is clearly not in the public interest, nor is it the kind of behaviour Canadian citizens expect from officials entrusted with the power to govern. Please note that each Executive Council member swore an oath that acknowledges the trust granted them: Excerpt from Oath for Member of the Executive Council: I willfulfill the responsibilities and trust granted to me as a Member of the Executive Council of British Columbia [see copy attached] Also note that the BC Teachers Act contains sections that clearly demonstrate the Governments understanding of the importance of trust for the education system: BC Teachers Act Section 10(3): A council member must act (a) in good faith, and (b) in a manner that puts the public interest ahead of the interest of any organization with which the council member may be affiliated. BC Teachers Act Section 29(1): A panel member must act (a) in good faith, and (b) in a manner that puts the public interest ahead of the interest of any organization with which the panel member may be affiliated. Additionally, please note that Standards for the Education, Competence and Professional Conduct of Educators in BC, published and enforced by the Teacher Regulation Branch (TRB) of the BC Ministry of Education, also demonstrates the Governments understanding of the importance of trust for the education system: Excerpts from Standards for the Education, Competence and Professional Conduct of Educators in BC: 1. Educators value and care for all students and act in their best interests. Educators treat students with respect and dignityEducators have a privileged position of power and trustEducators do not abuse or exploit students or minors for personal, sexual, ideological, material or other advantage. 2. Educators are role models who act ethically and honestly. Educators act with integrity, maintaining the dignity and credibility of the profession. They understand that their individual conduct contributes to the perception of the profession as a whole. Educators are accountable for their conduct while on duty, as well as off duty, where that conduct has an effect on the education system. Educators have an understanding of the education system in BC and the law as it relates to their duties.

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It is also important to note that Donald Sydney McRae, now BC Minister of Social Development and Social Innovation, was also recently BC Minister of Education. As a certified teacher and as a previous Minister of Education, Minister McRae would be aware of TRB standards and expectations. As a Member of the Executive Council, Minister McRae was in a position to advise and influence the other Members of the Executive Council regarding the decisions in question. Minister McRae had the opportunity to resign his membership in the Executive Council if he could not convince the Executive Council to act in the public interest, but he did not. It appears that Minister McRae may have been unaware he was violating TRB Standards (incompetence) or he chose to support the damaging strategy and actions of the Executive Council (conduct). Therefore a thorough TRB investigation is required and I am writing to formally request you to pursue that. I look forward to your expeditious confirmation that you have commenced an investigation.

Sincerely,

Richard Ajabu

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