Ontario tries to fight court ruling striking down new teachers' mandatory math test
The Ontario government is trying to fight a court ruling that found its mandatory math test for new teachers is unconstitutional.
Ontario's Divisional Court last month struck down the math proficiency test as infringing equality provisions in the charter because it found the test had a disproportionate impact on racialized teachers.
The court said there were significant disparities in success rates of standardized testing based on race.
But the government is now suggesting that the court made legal errors in that decision, including using too low of a threshold to determine discrimination, given that the test was only administered once -- for the first time last year.
The ruling is also a "clear departure" from the charter principle that a "high degree of deference is owed to government in addressing complex social issues with many potential solutions," government lawyers wrote in a notice of motion seeking leave to have the Court of Appeal for Ontario hear the case.
"These developments in the law have implications beyond the parties, including other self-regulated professions with certification exams or requirements for entry into the profession," the government lawyers wrote.
"It is in the public interest to ensure the constitutionality of the MPT, given its purpose to ensure that children, including those from equity-seeking groups, have teachers who have demonstrated competence in the mathematics curriculum."
The Divisional Court noted that racialized teachers are under-represented in Ontario schools.
"Racialized students benefit from being taught by racialized teachers," the court said in its ruling.
"The deleterious effects of the (math proficiency test) on racialized teacher candidates who have been disproportionately unsuccessful on the test outweigh its benefits."
The court said the government has made efforts to mitigate impacts of the test on diversity, such as screening questions for bias and allowing candidates to rewrite the test an unlimited number of times. There is still a burden to taking the test multiple times, the court said."
The (government) cannot discharge its burden by imposing an option which breaches equality rights, and then make some effort to mitigate the negative effects, if options are available that would not breach equality rights in the first place," the Divisional Court said.
The court suggested the government could have instead required a minimum number of hours of math instruction or a math course in Bachelors of Education programs, required an undergraduate math course as an admissions requirement to those programs, or simply waited to see the effects of the rest of its math strategy.
Premier Doug Ford's government introduced the test as part of an effort -- including a new curriculum -- to improve students' scores on standardized math tests.
Teachers' unions objected to the test being applied broadly to all teachers, questioning why a kindergarten teacher needed to be tested on secondary school math concepts or why an art teacher needed to pass a math test.
This report by The Canadian Press was first published Jan. 14, 2022.
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
'Anything to win': Trudeau says as Poilievre defends meeting protesters
Prime Minister Justin Trudeau is accusing Conservative Leader Pierre Poilievre of welcoming 'the support of conspiracy theorists and extremists,' after the Conservative leader was photographed meeting with protesters, which his office has defended.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
'One of the single most terrifying things ever': Ontario couple among passengers on sinking tour boat in Dominican Republic
A Toronto couple are speaking out about their 'extremely dangerous' experience on board a sinking tour boat in the Dominican Republic last week.
Boeing's financial woes continue, while families of crash victims urge U.S. to prosecute the company
Boeing said Wednesday that it lost US$355 million on falling revenue in the first quarter, another sign of the crisis gripping the aircraft manufacturer as it faces increasing scrutiny over the safety of its planes and accusations of shoddy work from a growing number of whistleblowers.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
It's no secret that spring can be a tumultuous time for Canadian weather, and as an unseasonably mild El Nino winter gives way to summer, there's bound to be a few swings in temperature that seem out of the ordinary. From Ontario to the Atlantic, though, this week is about to feel a little erratic.