Thank you, Chair, for the opportunity to speak today.
My name is Ryan Lutes. I'm the president of the Nova Scotia Teachers Union. We represent approximately 10,000 teachers and educational specialists in Nova Scotia's public school system.
I'd like to acknowledge that I live and work on the unceded territory of the Mi'kmaq people.
Teachers are absolutely committed to reconciliation, and we support 100% the Government of Canada's commitment to enact all TRC calls to action. The NSTU is committed to this support, while also being committed to keeping our schools and classrooms safe places.
As such, the NSTU opposes Bill C-273 if it is passed without other amendments to the Criminal Code. This is simply because a repeal without amendment will lead to more unsafe classrooms. Student violence against other students, against themselves and against educators is on the rise. Now more than ever, we need laws in place to help teachers ensure that schools are safe for everyone. It is important that the views of teachers are reflected in your deliberations and decisions. Repealing section 43 is extremely important, but we have to get it right. Teachers on the ground in the classrooms of our country have not been afforded meaningful consultation, and teachers do not support the bill passing unamended.
As the NSTU president, I'm first and foremost a teacher. I'm a high school math teacher, and I can tell you that no teacher wants to physically intervene. As I think Mr. Caputo said, no one gets up in the morning wanting to break students apart, but unfortunately that need is increasing. I personally have been in situations where I've had to physically intervene to restrain students, and without me being able to do that, there may have been a violent assault in the halls of my school.
Unfortunately, this is not a unique situation. Numerous situations arise in the school context that require a teacher to respond. These responses might include a teacher placing their hands on a student's shoulder to guide them away from an altercation or restraining or redirecting a student to protect student safety. Under section 265 of the Criminal Code, these everyday actions could be subject to prosecution. The repeal of section 43 would put a chill on teachers trying to do their jobs. It may cause them to stop from ever intervening in difficult situations, and this will compromise the safety of our schools. The unfortunately reality is that 92% of Nova Scotia's teachers have witnessed violence in their schools and classrooms, and 55% have either been the victim of violence or been threatened with violence.
A school safety amendment would ensure the specific protection of teachers and educational staff within the Criminal Code in situations where reasonable physical intervention is necessary to protect the safety and well-being of our students, teachers and education workers across our country.
The Canadian Teachers' Federation draft language, which the NSTU supports, seeks to amend section 265 of the Criminal Code. The amendments would honour the Truth and Reconciliation Commission's calls to action while also ensuring that teachers can promote safety in our classrooms and schools and protect the safety of students, which I would remind the committee is the scope of this. The scope of this bill is about protecting students, and that's what teachers seek to have amended through this. Again, this is near and dear to our hearts, to protect students. That's what we all want.
It's important to recognize that pursuant to Nova Scotia's Education Act, and likely other acts in other provinces, teachers have the legal duty to protect students and to maintain safe classrooms. In order to do that, we must have protections in the Criminal Code that allow us to use reasonable force only when necessary to ensure that our classrooms are safe. Without a school safety amendment, the NSTU anticipates that there would be an increase in the number of assault charges filed and prosecuted. The NSTU would have to advise Nova Scotia teachers, as a precaution, not to physically intervene in the situations noted above. This would result in more injuries and more severe injuries to students, and it would result in schools being less safe.
One thing that I think has come out here is that teachers need to be able to act reasonably without doing a risk-reward analysis of section 265. We're not lawyers. As a teacher, I need to be able to grab a student who's running out into the street. I need to be able to pull on someone's hand if they're running towards an altercation, and I need to be doing that without weighing the risk of common-law defences or doing some legal analysis in my head. I need to be able to act reasonably in situations, just as a reasonable, loving parent or teacher would, and that's what we're really asking for today.
Thank you for having me here. I look forward to responding to your questions.