Court of Appeal Finds Section 8 of the Charter's Privacy Protections Apply to Employees in School Workplaces January 30, 2023 Andrew Easto This detailed case summary reviews the Ontario Court of Appeal's decision in Elementary Teachers Federation of Ontario v. York Region District School Board. In this groundbreaking decision, the Court of Appeal held that section 8 of the Charter applies to the actions of principals conducting workplace investigations. Further, the Court found that the Board’s investigation violated the teachers’ reasonable expectation of privacy and constituted an unreasonable search under section 8.
A Teacher’s Past Life May Come Back to Haunt Them September 09, 2022 Gillian Tuck Kutarna and Kayla Cockburn Teachers may be disciplined for conduct before they registered with the Ontario College of Teachers if it impacts their suitability as a teacher.
Wandering Children and Educator Culpability September 09, 2022 Renata Antoniuk This article discusses two recent arbitration awards considering the appropriate discipline for an educator when a child in their care wanders off school property unsupervised.
Education Law Implications of the OHRC’s Right to Read Report May 13, 2022 Jean-Frédéric (J-F) Hübsch The Right to Read inquiry of the Ontario Human Rights Commission found that Ontario's public education system is failing students with reading disabilities, among others, by not using an evidence-based approach to teach children how to read. This article summarizes a number of the important recommendations of the Right to Read report.
Arbitrator Finds School Board’s Vaccination Policy Did Not Violate the Charter May 13, 2022 Emily La Mantia A labour arbitrator recently upheld Toronto District School Board's COVID-19 vaccination policy, finding that it did not infringe the Charter and was a reasonable exercise of management rights in response to the pandemic.
Child and Youth Privacy in the Education System February 14, 2022 Melanie McNaught This article summarizes a recent OBA Webinar regarding child and youth privacy, with a particular focus on privacy issues for school boards and educators.
Program Recap: COVID and the Family Court February 14, 2022 Jean-Frédéric (J-F) Hübsch This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.
Arbitrator Finds School Board Not Required to Reimburse Costs Arising from Transition to Remote Work February 14, 2022 Daniel Park In a recent award, an arbitrator found that Toronto District School Board was not required to reimburse costs that education workers incurred when they were required to work remotely due to the pandemic.
Overview of Policing in Ontario Schools: The Persistence of Discrimination November 08, 2021 Adrianna Mills & Enniael Stair This article reviews evidence that police presence in schools can have a harmful impact on marginalized students, including the recent Human Rights Tribunal of Ontario decision in JKB v Peel (Police Services Board).
Privacy and Access Resources for Education Lawyers, Educators and Children October 28, 2021 Jean-Frédéric (J-F) Hübsch The Information and Privacy Commissioner of Ontario recently released new resources to help both education professionals and children understand privacy and access law in Ontario.