Cancelling God Save the King anthem for schools violated the law, Manitoba trustee says in court action

A western Manitoba school trustee is taking court action against his fellow trustees, claiming they violated the Public Schools Act by halting a plan to bring God Save the King back into the classrooms of Mountain View School Division.

Paul Coffey filed an application on June 2 with the Court of King's Bench for a hearing on the matter, now set for June 23 in Dauphin.

His application names trustees Scott Lynxleg, Gabe Mercier, Floyd Martens, Conrad Nabess, John Taylor, and Jarri Thompson as respondents.

Coffey accuses them of acting outside the scope of their legal authority, breaching their duties, undermining the board's legitimacy and exposing it to legal and reputational risk.

Coffey wants authorization to apply to another judge for a declaration the other trustees violated the act, and to have their decision overturned.

CBC News has reached out to the respondents. In an emailed response, Lynxleg said, "We have been advised to make no comment until court proceedings are completed."

In mid-January, Jason Gryba, the chair of the Dauphin-based division's board, issued a directive that the royal anthem must be included in morning announcements at division schools, along with O Canada and land acknowledgements.

The move was based on the Patriotic Observances Regulation, a little-used rule in Manitoba legislation that says O Canada must be played at the start of the school day, while God Save the King should be played at the end of the day or the end of opening exercises.

The practice has not been enforced for decades, and the Manitoba School Boards Association has said it was unaware of any other boards that maintain the tradition.

In a 6-3 vote on Jan. 27, the board voted to stay the plan, and see whether it is legally required and supported by area residents.

Gryba and Coffee voted against, while trustee Kerri Wieler abstained. The six trustees named as respondents voted in favour.

The anthem is considered a musical salute to the British monarch. Indigenous groups have spoken out against colonization at the hands of the monarchy.

Jarri Thompson, a First Nations trustee, put forward a motion to halt the move. It was seconded by Lynxleg, another First Nations trustee.

In his application, Coffey states the Patriotic Observances Regulation is still a requirement and "the law is not optional."

Under the Public Schools Act, trustees are legally bound to uphold all legislation and their oaths. No legal authority permits a school board to stay a provincial regulation — any changes to legislation must follow lawful procedures, not unilateral resolutions, the application states.

The trustees were warned about that "at least 11 times" before the vote, yet breached their duties anyway, the application alleges.

Because of that, the public and courts cannot have confidence that future decisions by the board will comply with the law, it claims.

The board — which oversees 16 schools with a $50-million budget, 3,100 students and 700 staff — must adhere to the law in order to preserve confidence in its legitimacy and accountability, the application states.

Discord on the board

Coffey, in his application, called the vote part of "a broader pattern of governance failures and jurisdictional overreach" by some trustees.

Discord among board members last year ultimately prompted the government of Manitoba to appoint a third-party panel to oversee operations. That, in turn, led Gryba and Wieler to accuse province of intimidation.

In April 2024, Coffey gave a presentation at a board meeting where he said the residential school system began as a good thing.

He also questioned the level of abuse at the schools and said the term "white privilege" is "racist." 

In June of last year, Gryba, Taylor, Wieler and Coffey also voted to fire the division's superintendent, which led to three trustees quitting days later.

And in September, the board defied the provincially appointed panel by holding a meeting with just four trustees, fewer than the required quorum.

The tumult on the board has been attributed to new trustees butting heads with the old guard.

Lynxleg, one of the trustees elected in October to fill the vacancies, has said he would like to see the province eradicate the Patriotic Observances Regulation altogether.

The province appears to agree.

In March, the NDP government introduced a bill in the legislature to formally eliminate the requirement, but it has yet to be debated, after the Opposition Progressive Conservatives used their right under House rules to hold the bill back at the end of the legislature's spring sitting.

The bill would also end a requirement that the Lord's Prayer be recited. Mandatory prayer in schools was struck down by the Manitoba Court of Queen's Bench in 1992 but the rule has not been formally removed.

It would also require all school boards to have policies respecting land and treaty acknowledgements — something most already have in place.