About Articles Les articles ci-dessous sont publiés par la Section du droit relatif à l'éducation de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles. A propos des articles



At-Home Learning: Legal Considerations and Challenges for School Boards

  • 19 juin 2020
  • Sakshi Chadha and Shamim Fattahi, articling students, Keel Cottrelle LLP

The closure of Ontario's schools due to COVD-19 has raised a number of legal considerations. The unique circumstance of learning and working remotely marks a significant change in how school boards, students, schools and educators function. The OBA Education Law Section's recent CPD examined some of these legal considerations and challenges.

Droit relatif à l’éducation, Student Forum

Accommodation Issues in Post-Secondary Education

  • 19 juin 2020
  • Kevin Roche

Ontario's publicly-funded school boards have created a uniform and structured approach to identifying and accommodating students with exceptionalities, however, inconsistencies remain at the post-secondary level where students can be left feeling alone and dejected. Reasonable accommodation must be available at Ontario's post-secondary institutions as well to ensure equitable opportunities for students.

Droit relatif à l’éducation, Student Forum

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.

Droit relatif à l’éducation, Student Forum

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.

Droit relatif à l’éducation, Student Forum

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.

Droit relatif à l’éducation, Student Forum

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.

Droit relatif à l’éducation, Student Forum

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.

Droit relatif à l’éducation, Student Forum