About Articles The below articles are published by the Education Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles



The Accommodation of Transgender and Gender-nonconforming Students in School

  • March 17, 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.

Child and Youth Law, Education Law, Student Forum

Tribunal Finds That School Board Did Not Discriminate Against Parent of Student By Denying School Transfer Request

  • January 15, 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.

Education Law, Student Forum

Ontario Court Upholds Return to 2010 Sex Education Curriculum

  • January 14, 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.

Education Law, Student Forum

School Board Collective Bargaining in the Shadow of Bill 124

  • October 28, 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.

Education Law, Student Forum

R v Jarvis: A Momentous Decision For Children’s Rights

  • March 11, 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.

Education Law, Student Forum

The Safe and Supportive Schools Act

  • December 20, 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.

Education Law, Student Forum