Articles 2020

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.

The Supreme Court of Canada recently added some complexity to the issue of deliberative secrecy and the confidential nature of in camera meetings.

In two recent decisions, the Information and Privacy Commissioner of Ontario ruled that the Municipal Freedom of Information and Protection of Privacy Act regime did not prevent parts of a student’s Ontario Student Record from being used in Human Rights Tribunal of Ontario proceedings without a student’s or parent’s consent, despite confidentiality provisions in the Education Act.

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.

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.