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



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

  • June 19, 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.

Education Law, Student Forum

Accommodation Issues in Post-Secondary Education

  • June 19, 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.

Education Law, Student Forum

School Boards Now Required to Have Policies Regarding Service Animals

  • March 17, 2020
  • Elizabeth Creelman, associate, BLG

As of January 1, 2020, all Ontario school boards must have service animal policies that conform to PPM 163. These policies must recognize the support service animals provide to allow a person with a disability meaningful access to education, while also considering the health and safety concerns of other students, staff and parents.

Education Law, Student Forum

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