Articles 2020

“Gikinoo-amaadiwin” in Anishnaabemowin means “teaching” or “education.” In traditional Anishinaabeg culture, children were given teachings in the form of stories, and these stories were meant to elicit understanding about values and give the listener a new piece of wisdom about the world around them. Education was held in high regard, and for this reason it was entrusted to the Elders, the most highly regarded members of First Nations’ society.

Just as teachers and school boards are grappling with the new realities of COVID-19 in classrooms, parents have taken the issue of online versus in-person learning to courts. A series of recent court decisions has outlined a list of factors utilized in determining whether a child is to be enrolled in an in-person or online platform for the current academic year.

Greetings, fellow OBA Education Law Section members! My name is Jean-Frédéric – you can call me J-F – and I’m the chair of the section executive for the 2020-2021 membership year. This is my fourth year on this section’s executive, and I am very glad to continue working alongside a group of dedicated and engaged education law practitioners. Si cette année est votre première en tant que membre – bienvenue! Si vous êtes membre depuis longtemps, merci d’être resté parmi nous!

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.

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.

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.

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.

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.

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.

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.