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For current commentary regarding a variety of education law issues, please visit and subscribe to our weekly Education Law Blog.
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Teacher Freedom of Expression
The Putting Students First Act (the “Act”), which was proclaimed in force effective September 12, 2012, (with the exception of section 20, which still remains to be proclaimed) has created uncertainty for school board administrations. The Act, which imposes a...
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Staff Advice and Recommendations Not Publicly Accessible Upon Request
The Freedom of Information and Protection of Privacy Act (“FIPPA”) and its municipal equivalent provide that every person has a right of access to a record or a part of a record in the custody or under the control of...
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Gender Identity & Expression Added to Code
On June 13, 2012 the Ontario Legislature unanimously approved Bill 33 ‘Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity and Gender Expression) at its third reading. Following Royal Assent, the Ontario Human Rights Code...
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School Investigation Has Negative Impact on College Decision
In a recent decision by the Ontario College of Teachers (the “College”) regarding whether discipline should be imposed on an occasional teacher (the “Member”) who had allegedly (1) struck the upper arm of a female student with her hand (2)...
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‘Responsive Records’ Under FIPPA Can Include Deleted Emails
The Information and Privacy Commissioner (“IPC”) recently upheld an appeal against Carleton University, overturning the University’s response to a request under the Freedom of Information and Protection of Privacy Act refusing to produce emails which had been deleted. The IPC...
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Update Regarding the Accepting Schools Act
Bill 13, the Accepting Schools Act, was introduced by the government on November 30, 2011. Its stated purpose is to provide additional protections to students who are victims of bullying. Bill 13 was presented to the legislative assembly for first...
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EAs Accompanying Students on Overnight Excursion is Not ‘Volunteering’
The Ontario Divisional Court recently heard an application for judicial review of a labour arbitration decision involving the Toronto District School Board (the “Board”) and the Canadian Union of Public Employees, Local 4400, (“CUPE”) representing educational assistants (“EAs”) working for...
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Bill 39, Concussions – Is it Everything It’s Cracked Up to Be?
On March 6, 2012, the Ontario Liberal Government introduced legislation amending Ontario’s Education Act to add provisions regarding concussions. Concussions have received increasing media attention due to significant issues with former hockey and football players in Canada and the United States....
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MFIPPA Duty to Disclose: “Some Form of Connection” to Employment is Sufficient for Exemption
The Information and Privacy Commissioner of Ontario (« Commissioner ») recently upheld a Toronto District School Board (« Board ») decision to deny a request made under Ontario’s Municipal Freedom of Information and Protection of Privacy Act (« MFIPPA »). The Board had conducted investigations into two...
