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ARTICLE · 25 JUNE 2024

Supreme Court Of Canada Rules On Privacy Rights In Schools

Borden Ladner Gervais LLP
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In York Region District School Board v. Elementary Teachers' Federation of Ontario, 2024 SCC 22, the Supreme Court of Canada held that the Charter right against unreasonable search and seizure applies...

CanadaPrivacy
John-Paul Alexandrowicz
John-Paul Alexandrowicz
Melissa L. Eldridge
Melissa L. Eldridge
Callum Hutchinson
Callum Hutchinson
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In York Region District School Board v. Elementary Teachers' Federation of Ontario, 2024 SCC 22, the Supreme Court of Canada held that the Charter right against unreasonable search and seizure applies to employees of publicly-funded school boards.

Key takeaways

  • The Supreme Court confirmed that all activities of school boards are subject to the Charter of Rights and Freedoms, as they are governmental in nature. This includes the actions of its principals, when they are acting in their official capacity as agents of the board.
  • When determining the validity of school board rules involving privacy interests or the freedom of expression, in addition to applying the traditional "KVP Test" from Re Lumber & Sawmill Workers' Union, Local 2537, and KVP Co. Ltd., 1965 CanLII 1009 (ON LA), we expect that arbitrators will often employ a Charter rights analysis.

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