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 professors on strike to denounce the chaos of the health protocols
The mobilization promises to be massive: the teachers of France, exasperated by the waltz of the health protocols related to the epidemic of Covid-19, are called to a strike on Thursday, which should lead to half the schools. All teachers' unions have called for a strike in schools, colleges and high schools. They denounce "an indescribable mess" in schools - and especially schools - because of the fifth epidemic wave and health protocols it involves.
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."
Djokovic 'disappointed' with losing deportation appeal
MELBOURNE, Australia (AP) — Novak Djokovic said he was disappointed that a court on Sunday dismissed his challenge to a deportation order and accepted his hopes of playing at the Australian Open were dashed. The top-ranked tennis star released a statement shortly after three Federal Court judges unanimously upheld a decision made on Friday by Immigration Minister Alex Hawke to cancel the 34-year-old Serb’s visa on public interest grounds because he is not vaccinated for COVID-19.
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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.
TIMELINE: Djokovic's failed bid to play in Australian Open
Novak Djokovic’s attempt to play in the Australian Open despite being unvaccinated against COVID-19 came to an end when a court upheld a government minister's rejection of his visa. The unanimous ruling from three Federal Court judges in Melbourne on Sunday came the day before Djokovic was scheduled to begin his title defense at a Grand Slam tournament he’s won a record nine times. The Australian government twice canceled a visa held by the 34-year-old from Serbia and Djokovic’s lawyers appealed twice.
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.
Allison Jones, The Canadian Press
The saddest breakup songs in the history of music .
What is it that makes a sad song so appealing? Is it the affecting vocals? Striking melodies? Lyrics that seem they’ve been written specifically for you? Sad songs have a way of becoming universally appreciated, topping charts and winning awards, even as they help us deal with our broken hearts. Here’s our list of the best weepy and wonderful songs around.