Supreme Court of Canada Addresses Workplace Privacy Rights in Ontario Schools

On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…

School Board Management Conference 2019

Change is a constant in the human resources world, particularly for Ontario’s school boards. Ongoing developments in the law, whether through new legislation, arbitrations or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals, directors of education, supervisory officers and trustees.

Privacy

In the digital age, privacy litigation is one of the most dynamic areas of law. The law is evolving quickly, drawing on concepts developed before privacy regulators and in criminal cases. Matters are often litigated in a technical context, requiring an understanding of information systems and complex new and emerging technologies. Moreover, the “open courts” principle can conflict with the need to keep information secret and complicate litigation.

Successfully argued before the Information and Privacy Commissioner on behalf of a school board that text message data created on employer-issued phones but stored on third party servers fell outside the custody and control of an institution under the Freedom of Information and Protection of Privacy Act.

Successfully argued before the Information and Privacy Commissioner on behalf of a school board that text message data created on employer issued phones but stored on third party servers fell outside the custody and control of an institution under the Freedom of Information and Protection of Privacy Act.