Appellate Court's Decision On Teachers' Privacy Rights In Ontario

Typically, courts give school boards wide latitude to conduct school safety-related searches. Nonetheless, the Court of Appeal for Ontario recently issued a decision in which it held that a school board breached teachers' right to privacy under the Canadian Charter of Rights and Freedoms (Charter) by searching a classroom computer. Though the facts render the case extraordinary, the court's reasoning is cautionary and warrants the attention of school boards across Canada.

Background

A teachers' federation brought a discipline grievance on behalf of two elementary school teachers. The two teachers received a written reprimand for misusing board technology. They had created a "log" to record concerns about another teacher in their work group who they believed to be receiving preferential treatment. The possible existence of the log caused other teachers to complain about their work environment, which led the principal of the school to investigate.