Articles

There are few paediatric health issues in recent memory more contentious than immunizations. Given the current trends of questioning the safety of vaccinations despite scientific evidence to the contrary, and as underscored by the outbreaks of measles in Ontario last year, the regulatory framework for recording and exempting immunizations in Ontario appears to require enhancement.

On February 3, 2016, the Education Law Section of the Ontario Bar Association participated in the annual Institute. The theme of the three sessions was accommodation, and the second session, which was presented by Mr. Thomas McRae, the Vice-Chair of the Education Section, addressed the specific issue of curriculum expectations and religious accommodation.

On Wednesday February 3, 2016, at the Ontario Bar Association’s Institute program, a session entitled “Managing the Use of Medical Marijuana” was held. This panel included Michael Lickver of Bennett Jones LLP and Dr. Danial Schecter of the Cannabinoid Medical Clinic. Both of these speakers discussed a variety of topics ranging from student privacy issues to accommodation conflicts under the Education Act when considering illegal drug possession.

In the past several years, the issue of how to accommodate transgendered students in the school environment has been a topic of considerable debate. This month, at the 2016 OBA Institute, Wendy Lopez, counsel for the Toronto District School Board, presented on Providing an Inclusive Environment for Transgendered Students.

On November 25, 2015, the Ontario Bar Association’s program, “School Boards Collective Bargaining Act: Eighteen Months Later” was held. It involved a panel discussion about the impact of the School Boards Collective Bargaining Act, 2014, S.O. 2014 C.5 (the “SBCBA”), and the implications of the Ontario Labour Relations Board’s decision in Durham District School Board et al. v. Ontario Secondary School Teachers’ Federation et al., [2015] O.L.R.D. No. 1559.

In S.L v. York Region District School Board, 2015 HRTO 1642, the Tribunal reviewed the confidentiality provisions in the Education Act regarding the Ontario Student Record (“OSR”). The Tribunal held that the OSR is a relevant document in cases alleging failure to accommodate a student and, generally, there is “no principled reason” for an applicant to withhold consent to the OSR, preventing the respondent from providing a response to the application.

The arbitral decision of Bluewater District School Board and Association of Bluewater Administrators, [2015] CanLII 39611 (ONLA) acknowledges that principals and vice-principals (“principals”) in Ontario’s publicly funded schools operate under a limited, but constitutionally protected, collective bargaining regime rather than individual contracts of employment.

The Public Sector and MPP Accountability and Transparency Act (Bill 8) is set to bring school boards, municipalities and universities within the Ontario Ombudsman's jurisdiction. Bill 8 represents a long-awaited reform for Ontario’s citizens.

In the recent case of Gillies (Litigation Guardian of) v Toronto District School Board, 2015 ONSC 1038 (“Gillies”), a school policy requiring that students pass a breathalyzer test in order to be admitted to prom was found to be unconstitutional.

On December 19, 2014, Arbitrator Lorne Slotnick reinstated a York Region teacher who had been criminally charged with sexually assaulting a student. In Re York Region District School Board and ETFO (Ross) (2014), 121 CLAS 305, Arbitrator Slotnick considered the interaction between criminal and labour arbitration proceedings. Arbitrator Slotnick concluded there was insufficient evidence to establish sexual misconduct. The grievance was allowed and the teacher reinstated.