They were promised there would be no math.
The Canadian Constitution Foundation has been granted intervenor status in the Ontario government’s appeal of the decision in Petrucci v. Ontario,2021 ONSC 7386, which found legislation requiring teachers to pass a math proficiency test (MPT) constituted unconstitutional racial discrimination.
In 2018, the Ontario government developed a plan to reverse the decline in student math scores. A key component of the plan was an amendment to the Ontario College of Teachers Act to require that all new teacher candidates successfully complete a MPT before they are certified.
The MPT consists of questions sourced from the standardized tests that are administered to students in Grades 3, 6, and 9, plus a pedagogy component. The tests were reviewed for bias and cultural insensitivity before they were administered. Teacher candidates are also permitted to retake the test if they fail.
A group called Ontario Teachers Candidates’ Council (OTCC) was formed to oppose the math testing requirement. The group argued at Divisional Court that the pass and failure rates of the test varied, and some of those variations could be mapped to racial identity. The Divisional Court ruled that the MPT requirement is unconstitutional and that the disparities in outcome by race showed a violation of section 15(1) of the Charter of Rights and Freedoms, which guarantees the right to equality and freedom from discrimination. The Divisional Court found that the MPT, in its impact, created a distinction between White and non-White candidates, and that the distinction was discriminatory. The Divisional Court held that this limit could not be justified under section 1 of the Charter.
