Lawyer questions mediator’s loyalties, experience

The mediator in a teachers’ dispute that has disrupted the whole school year is an advocate for the government rather than a skilled negotiator who can help both sides reach a deal, a lawyer for the teachers’ union has suggested.

John Hodgins is asking a judge to quash the mediator’s appointment, saying Charles Jago is too biased and inexperienced for the job.

Hodgins said Thursday the government’s appointment of Jago in March was botched from the start because a 2006 report he wrote on the public education system was in tune with the Liberals’ position on the current teacher contract issues.

He said a report Jago has been instructed to complete by June 30 on unresolved issues and recommendations should be held back until B. C. Supreme Court Judge Hope Hyslop makes a decision on the appointment.

But government lawyer Karen Horsman said the union’s argument of bias should be dismissed.

“Such a challenge should only be made on the basis of objective evidence that rises above speculation and this evidence, in my submission, my lady, doesn’t.”

Horsman said Education Minister George Abbott appointed Jago based on his impressive background as president of the University of Northern B. C. from 1995 to 2006 and his Order of Canada for his work in education.

“His recommendations to the minister will be non- binding and will be intended only to inform the minister,” she said.

“He isn’t concluding a collective agreement for the parties. He’s assisting and trying to reach consensus and failing that, making recommendations to the minister.”

Horsman suggested the B. C. Teachers Federation is more opposed to legislation, which besides resulting in Jago’s appointment, will not allow teachers to strike for the duration of a cooling- off period that expires on Aug. 31.

“The BCTF was critical of the legislation as a whole and they considered the process as a whole to be biased,” she said.

Abbott has staunchly defended Jago as a qualified mediator and maintains he’s prepared to legislate an end to the dispute if the mediation effort fails.

But Hodgins argued Jago has no experience in the kindergarten to Grade 12 system and that he isn’t known as a mediator.

He said Jago’s 2006 report included his position on teachers’ seniority rights, professional development and evaluations, and that the conclusions match the objectives of the B. C. Public School Employers’ Association, the government’s bargaining agent.