Articles

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

Editor: sectioninsiders@oba.org

Today
Today

The Ontario Ombudsman in the education sector

  • July 06, 2017
  • Jean-Frédéric (J-F) Hübsch

On June 27, 2017, the Ontario Ombudsman, Paul Dubé, released his annual report. Among the stories and statistics in the report are three sections related specifically to education in Ontario.

Education Law

Ontario Court Upholds School Board's Decision to Deny Permission to Remove Childre from Class to Avoid "False Teachings", Dismisses Charter Breach Claim

  • January 30, 2017
  • Giovanna Di Sauro

In E.T. v. Hamilton-Wentworth District School Board, the Ontario Superior Court of Justice declined to issue a declaration as to parental authority, dismissed the applicant’s request for an order of accommodation, and found it had no jurisdiction to deal with the applicant’s claim of discrimination under the Human Rights Code.

Education Law

BC Teachers Win Landmark Ruling at the Supreme Court

  • January 30, 2017
  • Maddie Axelrod

The Supreme Court of Canada, in a rare decision issued from the bench on the same day that the case was heard, overturned the BC Court of Appeal concluding that Bill 22, which limited the right to bargain class size and composition, violated teachers' freedom of association.

Education Law

Report on the OBA Program: Teachable Moments – Top Issues in Regulatory Proceedings Involving Educators

  • December 07, 2016
  • Renata Antoniuk and Daniel Hastie

In the recent OBA Program "Teachable Moments - Top Issues in Regulatory Proceedings involving Educators", the expert panel considered reporting requirements, challenges during investigations, and fair process before discipline and fitness to practice committees, as well as the impact of Bill 37, Protecting Students Act, 2016.

Education Law

Protecting Students Act, 2016 Passes Third Reading

  • December 07, 2016
  • Amanda Lawrence-Patel

On November 15, 2016, Bill 37, Protecting Students Act, 2016, passed Third Reading in the Ontario legislature. These amendments follow a 2012 report of Justice Patrick Lesage, titled “Review of the Ontario College of Teachers Intake, Investigation and Discipline Procedures and Outcomes, and the Dispute Resolution Program.”

Education Law

Grievance Regarding Staffing Upheld

  • December 07, 2016
  • Nadya Tymochenko and François Bourgault

In Ottawa-Carleton District School Board v. Ontario Secondary School Teachers’ Federation, a policy grievance commenced by the Ontario Secondary School Teachers’ Federation was allowed on the basis that the School Board had breached its duty under the collective agreement when it failed to staff its classrooms with the requisite number of teaching positions.

Education Law