Articles 2020

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.

On February 23, 2015, the Ministry of Education released the revised curriculum for Health and Physical Education for Grades 1 to 12. The purpose of the revised curriculum is to give students accurate information that will keep them safe and healthy. The Province is also providing parents with resources to help them understand what will be taught to their children.

Recently there have been decisions issued by both the Human Rights Tribunal of Ontario and in the arbitration context that provide some clarity with respect to an employer’s obligation to provide accommodation that would result in the removal of an essential duty of the position.

On May 14, 2015, the OBA’s Education Law Section was pleased to welcome the Honourable Liz Sandals, Minister of Education for the evening session, “Dinner with the Minister and Whirlwind Caselaw Update”.

A review of the joint session of the Education Law and Child and Youth Law sections held on March 31, 2015.