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"A Family Tradition for 132 Years" PORT PERRY STAR - Tuesday, July 28, 1998 - 5 Bill 160 ruling sets off speculation in Durham By Jeff Mitchell Port Perry Star Local educators and school board offi- cials are awaiting the fallout of a court ruling last week which found the province's controversial Bill 160 to be unconstitutional. Scugog trustees are reluctant to spec- ulate on the ramifications of the ruling, which was favorable to Catholic separate school teachers whe launched the court challenge. But one teachers' union rep- resentative said the ruling is a blow to the government's overhaul of the educa- tion system. "They now have legislation that gives Catholic schools more rights than public schools. That's very dangerous," said Dave Robinson, a teacher and Ontario Secondary School Teachers Federation (OSSTF) rep at Port Perry High School. "They've got big, big trouble." Mr. Justice Peter Cumming ruled that the bill, which gave the government responsibility for funding schools and took away the right of local school boards to tax, infringed upon the constitutional right of Catholics to control their school system, and the right of separate boards to tax for educational purposes. But public school boards have no such rights entrenched in the constitution, the ruling said. That leaves separate boards with the right to tax, and public boards without it. Mr. Justice Cumming was also critical of the way in which the province had imposed Bill 160, which raised howls of protest and resulted in a two-week illegal strike by teachers last fall. He said the Bill was made law "without sufficient analysis as to what the funding arrangements will mean for the quality of education in the province." Education Minister Dave Johnson said the government will appeal the rul- ing, and will seek a stay so that the leg- islation stands. The ruling is a disappointment for separate school boards, said Scugog trustee Kathy LeFort. While the Durham separate board is not in agreement with all elements of Bill 160, it does support the funding model brought i in by the province, which is based on per-pupil funding. Separate boards have for years complained they were under-funded. "I've always been an advocate of per- pupil granting," said Mrs. LeFort. "I've sald that for years, and I was thrilled when the funding model was changed to reflect that" Mrs. LeFort said she supports the teachers' fight against Bill 160 -- sepa- rate and public educators fear for the quality of education under the legisla- tion, which they say puts economic con- cerns ahead of the pursuit of excellence - but fears that if the ruling stands, Catholic schools will once more be under- funded. "If the argument was whether or not there's a constitutional right to have separate school boards, I would have been waving a flag and leading the parade," she said. "I believe there is a constitutional right to have separate school boards, and I understand and respect the right to pursue that." Mrs. LeFort recognizes though that the separate board in Durham benefited from funding changes introduced as part of Bill 160, and worries that could be lost as the legal process continues. "I wouldn't want to revert to the old funding model that Bill 160 discarded and (go) back to where we were," she said. Public schools are closely watching the process, and the inequity created by the ruling. Scugog public school trustee Bobbie Drew, who is vice-president of the Ontario Public School Boards Association, said she hails the separate school victory, but worries about the implications of the ruling. "We are pleased and not surprised that Bill 160 is not constitutional," she said. "But we are disappointed public school boards are not recognized as hav- ing the same rights as separate school boards." Mrs. Drew hopes the ruling creates a new dialogue on school funding and tax- ation. But she agrees with Mrs. LeFort that the funding model in place prior to Bill 160 isn't a desirable alternative. "I don't think we're looking to go back to where we were with Bill 160," she said. "We're just looking to be equal." Mr. Robinson was harsh in his assess- ment of the ruling, saying it proves what teachers have said all along: That Bill 160 is flawed, and must be scrapped. "It shows they (the government) were more concerned about money than chil- dren, or education, or protecting the rights of all the people of Ontario," he said. "It (Bill 160) was ill-thought. We told them so, and now the court's proven that what we told them was right." Mr. Robinson predicted a "long, drawn-out process" during which the government's policy on education will be put to the test, and challenged from all sides. Ultimately, the government will be shown to have acted inappropriately . on education, he said. "The backroom guys of the Harris government blew it, and that's the bot- tom line," he said. Durham East MPP John O'Toole is out of the country on vacation, and couldn't be reached for comment. Arrest | IS made after teen is swarmed 15-year-old Blackstock boy has been arrested by Durham Police and is facing charges after leading more than 15 other teens to swarm and assault another youth. Police say that some- time around 7 p.m. on July 22 a 15-year-old boy was walking across the park- ing lot at the Port Perry Plaza when another boy, also 15, walked up to him and punched him in the head. After a few more punch- es the victim fell to the ground, said police. The original assailant was joined by 15 or 20 other teens who proceeded to kick and punch the victim while he was helpless on the ground. The assailant then called off the other teens and helped the victim to his feet, but then punched him again, sending him back to the ground, said police. The suspect then left the scene. The victim was able to make his way to a local business for help. Workers there called police. At approximately 10 p.m. that same night, Durham Police arrested a 15-year-old Blackstock boy and charged him with one count-of assault caus- ing bodily harm and one' count of uttering threats. He was taken to Oshawa where he was held for bail on July 23. Sgt. Ken Hudson, an officer with Port Perry's 26 Division, said an inves- tigation continues into this event. "We're going to keep looking into this to see who else was involved with Impressed with this." he the boy's beating. 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