Articles

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.

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.