The Accommodation of Transgender and Gender-nonconforming Students in School 17 mars 2020 Fabienne Lajoie, lawyer, Emond Harnden LLP Accommodating transgender and gender-nonconforming students within the school system is emergent and complex. Not only are inclusion and safety necessary to build a supportive environment, but the law is constantly evolving to reflect the importance of accommodating gender identity and gender expression.
Tribunal Finds That School Board Did Not Discriminate Against Parent of Student By Denying School Transfer Request 15 janvier 2020 Anna Karimian, BLG The Dufferin-Peel Catholic District School Board did not discriminate by denying a transfer request. The Board denied the transfer request because the applicant (student's father) could not provide any evidence that he could unilaterally make education decisions on his son's behalf without the mother's involvement, not because of a protected ground.
Ontario Court Upholds Return to 2010 Sex Education Curriculum 14 janvier 2020 Noah Burshtein, associate, BLG, and Elizabeth Creelman, associate, BLG ETFO et al. v. Her Majesty the Queen considered the effect of the Minister of Education's Directive that public elementary school teachers revert to the 2010 sex education curriculum on the Charter rights of students, parents and teachers. The Court ultimately determined that the Directive was not discriminatory and it did not infringe any Charter rights.
School Board Collective Bargaining in the Shadow of Bill 124 28 octobre 2019 Melanie McNaught, Filion Wakely Thorup Angeletti LLP Before the ongoing round of collective bargaining between the Crown and bargaining agents for school boards and education workers, the Ontario government introduced legislation that would cap the compensation of public sector employees, including education workers.
Transparency at the Trustee Table: Notes on the Ontario Ombudsman’s investigation into Near North District School Board 17 octobre 2019 Jean-Frédéric (J-F) Hübsch The Ontario Ombudsman investigation of the Near North District School Board found that the Board's decision to close a secondary school was procedurally unfair. The subsequent report, "Lessons Not Learned", outlines 14 recommendations of particular importance to governance matters.
Education Law @ Institute 2019: Current Trends and Emerging Issues in Student Discipline 13 mars 2019 Alexander Mincone, student-at-law, Catholic Principals’ Council of Ontario Read about some key takeaways from the Education Law Section's Institute 2019 program on issues and trends in student discipline since amendments to the Education Act ten years ago.
The IPC Publishes Guidance for School Boards on their Obligations under MFIPPA 11 mars 2019 Matin Fazelpour, associate, Hicks Morley Hamilton Stewart Storie LLP Learn more about recent guidance to school boards from the Information and Privacy Commissioner of Ontario.
R v Jarvis: A Momentous Decision For Children’s Rights 11 mars 2019 Brock Jones, Assistant Crown Attorney, Adjunct Professor of Law, University of Toronto According to Brock Jones, the Supreme Court of Canada’s decision in R v Jarvis, 2019 SCC 10, is an extraordinary decision for children’s rights with far-reaching implications.
The Safe and Supportive Schools Act 20 décembre 2018 Greg Bush, associate, Miller Thomson LLP; Kennedy MacDonald, articling student, Miller Thomson LLP A summary of proposed amendments to the Early Childhood Educators Act, 2007, the Ontario College of Teachers Act, 1996, and the Education Act contained in Bill 48, including discussion of stakeholder reactions.
Tribunal Confirms Meaningful Access to Education is the Test for School Board Accommodations 17 décembre 2018 Nicola Simmons and Alana Spira The Human Rights Tribunal of Ontario recently held that a school is not obligated to provide a therapy to a student if it is not necessary for meaningful access to education.