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ARTICLE · 11 JULY 2024

School District Searches Of Teacher's Private Communications Breach Charter

The Supreme Court of Canada recently ruled that Ontario public school boards are subject to the Charter, including the actions carried out by Ontario school principals.

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The Supreme Court of Canada recently ruled that Ontario public school boards are subject to the Charter, including the actions carried out by Ontario school principals. York Region District School Board v Elementary Teachers' Federation of Ontario 2024 SCC 22 (Decision) dealt with three school district searches of a teacher's private password protected log communications which had been stored in the Cloud but written via the school district laptop computer: one was conducted by the school principal and the two others were conducted by the school district's IT.

THE STORY

In 2014 - 2015, two newly employed Grade 2 teachers, Elena Shen and Manreet Rai (" the Teachers"), who were part of four-teacher team, felt that JH, another newly hired teacher, was not contributing sufficiently to the team and was perceived as favoured by school principal Pettigrew. The Teachers did not share their concerns with the principal but spoke to their union.

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