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TDSB Advisory Panel Report Highlights Structural Governance Issues for School Boards
Last March, the Minister of Education appointed the Toronto District School Board Governance Advisory Panel (“Advisory Panel”), to consult and make recommendations with respect to structural and procedural changes to the Toronto District School Board. The Advisory Panel was constituted...
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Covert Surveillance Admissible Despite Procedural Errors Following Policy
In a recent grievance arbitration decision between the Ottawa-Carlton District School Board (the “Board”) and the Ontario Secondary School Teachers’ Federation District 25 Plant Support Staff (“OSSTF”), a preliminary issue regarding the admissibility of covert surveillance records was adjudicated by...
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Oversight of the Education Sector by the Ombudsman’s Office
We reported in December 2014 that new powers were coming to the Ombudsman that would permit the Office of the Ombudsman to investigate and make recommendations regarding complaints with respect to school boards. This new authority began on September 1,...
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BPSAA Changes in Force January 1, 2016 – Business Plan Publication and Compliance Attestations
Effective January 1, 2016, the Broader Public Sector Accountability Act, 2010 (the “BPSAA”) will be amended to include new sections with respect to the publication of business plans by designated broader public sector organizations. The amendments will allow the Management...
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L’école Rose-des-vents: Minority Language Education & Substantive Equality
Canadian courts have long established that the education provided to minority language groups in Canada (English language in Quebec and French language in the rest of Canada) must be equivalent to that offered to the majority language group. The Supreme...
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BC Court of Appeal Rules in Favour of the Provincial Government on Regulating Class Sizes and Composition
On April 30, 2015, the BC Court of Appeal ruled in favour of the BC provincial government in a longstanding dispute regarding BC teachers’ right to bargain collective agreement terms over class sizes and composition. The Court of Appeal’s majority...
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Bill 20: An Act to Protect Pupils with Asthma (Ryan’s Law)
The Provincial government recently passed new legislation addressing the emergency health needs of students with asthma. Bill 20, Ryan’s Law (Ensuring Asthma Friendly Schools), 2015, received Royal Assent on May 5, 2015, and is now in force. Ryan’s Law is...
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Canada’s Anti-Spam Legislation (“CASL”) Enforcement Update
Two recent decisions by the CRTC have prompted us to include a CASL update for the education sector in this month’s newsletter. In March of this year, the CRTC fined Compu-Finder $1.1 million for three instances of sending Commercial Electronic...
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Loyola: Allowed to Teach the Catholic Religion from the Catholic Perspective
Many have been anxiously waiting for the Supreme Court of Canada’s decision in Loyola High School v. Quebec (Attorney General)[1] regarding the requirement that a privately funded Quebec Catholic boy’s secondary school, Loyola High School (“Loyola”), implement strictly, without amendment...
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School Board Found Liable for Student’s Harassment of a Teacher
In the recent case of Malko-Monterrosa v. Conseil Scolaire Centre-Nord1, the Alberta Human Rights Tribunal recently heard a complaint filed by Ms. Malko-Monterossa, a teacher who alleged that the Conseil Scolaire Centre-Nord discriminated against her on the grounds of race,...
