Articles 2019

In Nova Scotia, anti-cyberbullying legislation and prosecutions for sharing intimate images without consent show legislative and judicial efforts to respond to cyberbullying.

In the recent decision of R. v. Jarvis, the Ontario Court of Appeal was split on whether or not high school students had a reasonable expectation of privacy while on school grounds.

The HRTO recently released a decision that it did not amount to discrimination under the Human Rights Code for a School Board to deny a student's request to have his autism assistance guide dog accompany him to school. This decision contains important guidance for practitioners about discrimination in the context of providing educational services, its relation to service animals, and the importance of the evidentiary foundation of your case.

On September 7, 2017, the Ministry of Education announced their three-year plan for education equity. The “Education Equity Action Plan” will serve as a roadmap in the province’s effort to identify and eliminate systemic barriers to student success.

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.

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.

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.

The Divisional Court in Ontario Public Service Employees Union v. Ontario (Children and Youth Services) recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work.

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.

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.”