ASSOCIATION DES EDUCATRICES ET DES EDUCATEURS FRANCO-MANITOBAINS -- APPENDIX C --

The parties agree to resolve the situation of the Division teachers with respect to religious instruction, participation in religious practices, the assignment of religious instruction and the posting of positions in Division schools as follows:

WHEREAS the parties are governed by the Public Schools Act (R.S.M. 1987, c.P250), specifically articles 80 to 84, inclusively.

WHEREAS the parties acknowledge freedom of conscience and religion as provided in the Manitoba Human Rights Code as well as the supremacy of the law in effect in the Province of Manitoba.

WHEREAS, for the purposes of this agreement, the expression “religious practices” covers practices such as the reciting of prayers, the reading of biblical or religious texts and the singing of hymns or songs of a religious nature.

WHEREAS the expression “religious instruction” in the sense of Article 81 of the Public Schools Act (R.S.M. 1987, c.P250) refers to the academic teaching of religion and the catechism.

WHEREAS the Division will be the only entity authorized to implement and apply the process described herein.

THE PARTIES AGREE THAT:

A. The following article will go into effect as soon as this letter of understanding is signed. Subsequently, the article will be integrated in the next, renewed collective agreement, which will go into effect on the date on which that agreement is signed.

1. Religious Instruction and Practices

1.01 Religious Instruction

    A teacher is not obliged to provide religious instruction, to take part in such instruction or to assume responsibility for such instruction, including the teaching
   of the catechism, unless he/she has explicitly indicated, in writing, a willingness to do so, in keeping with the provisions of Appendix C of this collective
   agreement.

1.02 Religious Practices

A teacher is not obliged to direct religious practices or assume responsibility for them unless he/she has explicitly indicated, in writing, a willingness to do so, in
keeping with the provisions of Appendix C of this collective agreement.

2. The Association and the Division agree that the protocol concerning religious practices and religious instruction, the catechism and all related activities will go into effect as soon as this letter of understanding is signed. Subsequently, the parties agree that the protocol concerning religious instruction and the participation in religious practices shall become Appendix C of the renewed collective agreement as soon as that agreement is signed.

Interview Process

2. The Division agrees that, during interviews of candidates for teaching positions, it shall make no allusion to or ask any direct or indirect questions concerning:

(a) The candidate’s religious beliefs;

(b) The candidate’s willingness and availability to provide religious instruction, including the catechism, or to take part in the religious practices conducted at the school.

3. The Division agrees that, during the interview process, it shall not take part in any form of intimidation, pressure or inducement to encourage the candidate to provide religious instruction and take part in religious practices.

4. The Division agrees not to give the candidates, at the outset, during the interview, any form to indicate membership or a willingness to take part in religious instruction or religious practices.

Process for Teachers Taking Part in Religious Instruction and Religious Practices

5. The Division agrees not to require teachers, in any manner, to take part in religious instruction, including the catechism, activities related to religious instruction and religious practices.

6. Participation in religious instruction includes the reciting of prayers in class with the students. It is understood that prayers may be recited in the ten (10) minutes before the first class in the morning and the five minutes before first class in the afternoon. Nothing herein may be interpreted or applied so that the time allocated to the teachers in the collective agreement for meal breaks is reduced.

7. Once the statutory requirements provided in Articles 80, 81 and 84 of the Public Schools Act (R.S.M. 1987, c.P250) have been fulfilled, any teacher who has been duly authorized by a pastor, priest, rabbi or ecclesiastic who wishes to take part in religious instruction may opt, on a voluntary basis, to take part in religious instruction and religious practices, by giving the principal, on an annual basis, a confidential note using the following text: I hereby volunteer to teach religion or the catechism during the 20__ - 20__ school year. (The note must include volunteer’s signature and the date.)

8. Likewise, any teacher who wishes to take part in religious practices may opt, on a voluntary basis, to take part in such religious practices by giving the principal, on an annual basis, a confidential note using the following text: I hereby volunteer to take part in religious instruction and religious practices during the 20__ - 20__ school year. (The note must include the volunteer’s signature and the date.)

9. The teacher’s decision to take part in religious instruction and religious practices shall be kept confidential. No reference to this decision shall be noted or kept in the teacher’s personnel file.

10. The decision made by the teacher as described in paragraphs 7 and 8 of this agreement is valid only for the period indicated by the teacher. At any time, the teacher may withdraw from taking part in religious instruction or religious practices, without having to justify this decision.

11. The Division agrees not to undertake any act of retaliation, intimidation or discrimination, not to make any comments and not to change the job description of a teacher because he/she does not take part in religious instruction or religious practices.

12. The Division agrees not to tolerate any discrimination on the part of other teachers or Division personnel with respect to a teacher who does not take part in religious activities.

13. In the event that religious instruction is provided, that instruction shall be provided in keeping with the provisions of the Public Schools Act (R.S.M. 1987, c.P250).

14. The Division agrees to ask the various dioceses, churches and parishes of all religious denominations covered by the religious instruction to make a direct contribution to religious instruction either by providing the services of a pastor, priest, rabbi or other ecclesiastic for such religious instruction or by making a financial contribution to the costs involved in religious instruction.

ASSOCIATION DES EDUCATRICES ET DES EDUCATEURS FRANCO-MANITOBAINS

EFFECTIVE PERIOD: 2014/07/01 - 2018/06/30

APPENDIX C