In an important decision which weighs competing rights, the Ontario Court of Appeal dismissed an appeal on the basis that the appellant had failed to provide any evidence that the inclusion of what he referred to as “false teachings” in the school curriculum interfered with or violated his or his children’s religious freedom. Learn more in this School Board Update.
Category: Education Law
Education Law in Canada: A Guide for Teachers and Administrators Published
Lauri Reesor and Brenda Bowlby recently published a chapter on Special Education Law in the text, Education Law in Canada: A Guide for Teachers and Administrators. The book is a comprehensive examination of the many legal issues that impact public education in this country. With informative and easily accessible contributions from members of the legal and academic communities, the topics in this edited collection will be of particular interest to those who work or have an interest in schools and the educational system.
Arbitrator Declares that DECEs Need Not be Scheduled “Side By Side” with FDK Teachers
In an arbitration award released on October 13, 2017, Arbitrator Russell Goodfellow dismissed a grievance brought by the Ontario English Catholic Teachers’ Association (OECTA) concerning the scheduling of breaks accorded to Designated Early Childhood Educators (DECEs) under the Canadian Union of Public Employees (CUPE) support staff collective agreements applicable to them. Arbitrator Goodfellow declined to follow the controversial path taken by Arbitrator George Surdykowski in a 2014 decision involving the Windsor-Essex Catholic District School Board (Surdykowski Award) and has established a very useful precedent for school boards to employ. In this School Board Update, we review this important award.
Ontario Human Rights Commission Releases New Inquiry Report on Post-Secondary Student Mental Health Accommodations
The Ontario Human Rights Commission (Commission) has released an Inquiry Report regarding its inquiry into the systemic barriers facing post-secondary students with mental health disabilities entitled “With Learning in Mind.” Find out more about the Commission’s initiative and its impact on Colleges and Universities in this FTR Now…
Ontario Proposes Legislative Overhaul of Labour Relations Act, 1995 in Bill 148 – Are you Prepared?
The provincial government has wasted little time in responding to the Final Report of the Special Advisors under Ontario’s Changing Workplaces Review (Final Report). On June 1, 2017, the government introduced Bill 148, the Fair Workplaces, Better Jobs Act, 2017, legislation that if passed, will implement significant reforms to both the Employment Standards Act, 2000…
Le rapport final de l’examen portant sur l’évolution des milieux de travail – Analyse des normes d’emploi
Dans notre troisième mise à jour relative au rapport final de l’examen portant sur l’évolution des milieux de travail (le « Rapport final »), nous axons notre analyse sur les recommandations liées à la Loi de 2000 sur les normes d’emploi. Alors que plusieurs recommandations portent sur des changements proposés à des normes spécifiques, le Rapport final insiste particulièrement sur les mesures de conformité dans le cadre d’initiatives tant dans le domaine de l’éducation que de l’application de la loi, le tout en vue de parvenir à une « culture de convenance et de conformité » en Ontario…
Changing Workplaces Review Final Report – Focus on Employment Standards
In this, our third update related to the Changing Workplaces Review Final Report (Final Report), we focus our discussion on the recommendations related to the Employment Standards Act, 2000. While many of the recommendations relate to proposed changes to specific standards, the Final Report contains a strong emphasis on compliance measures, comprised of both education…
Extended Day and Third Party Program Regulation Filed Under the Education Act
On May 9, 2016, the Ontario government filed O. Reg. 129/16 made under the Education Act. O. Reg. 129/16 amends O. Reg. 221/11 (Extended Day and Third Party Programs) and is the supporting regulation to amendments made to the Education Act by the Child Care Modernization Act, 2014. Those amendments set out requirements for a…
Legislation Expanding Ombudsman Jurisdiction to Municipalities, Universities and School Boards Now In Force
On January 1, 2016, provisions of Schedule 9 of the Public Sector and MPP Accountability and Transparency Act, 2014 came into force. These provisions amend the Ombudsman Act (“Act“) to expand the jurisdiction of the Ontario Ombudsman to investigate matters related to publicly-funded universities and municipal sector entities (defined as municipalities, local boards and municipally-controlled corporations). On September 1, 2015, provisions…
Hiring Practices Regulation under Education Act Amended
On December 3, 2015, O. Reg 376/15, amending O. Reg. 274/12 (Hiring Practices) made under the Education Act, was filed. The amendments, which are technical in nature, relate to the hiring practices for long-term occasional (“LTO”) teachers represented by the Ontario English Catholic Teachers’ Association (“OECTA”). Among other things, the amendments specify timing requirements for the application and interview…