March 3, 2020 – Union’s Advice to Teachers did Not Amount to Unlawful Strike

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Union’s Advice to Teachers did Not Amount to Unlawful Strike

Halton District School Board v Elementary Teachers Federation of Ontario, 2020 CanLII 5702

The School Board’s grievance alleged that the Union, in advising teachers not to participate in mandatory Behaviour Management Systems training, amounted to an unlawful strike. The arbitrator dismissed the grievance and determined that the Union’s advice to its members did not amount to calling, causing, authorizing, counseling, procuring, supporting, encouraging or threatening to call an unlawful strike.

 

CIVIL LITIGATION

AH v Alberta (Minister of Education), 2020 ABCA 54 

The Plaintiffs’ action against the Ministry of Education of Alberta was dismissed on the ground that it revealed no arguable cause of action. The Claim alleged that the teachers placed the Plaintiffs’ child (a student) in an isolation room without the permission of his parents in violation of the Canadian Charter of Rights and Freedoms.
The Court of Appeal for Alberta confirmed that the Claim did not identify any act on the part of the Minister that breached the School Act, or a reasonable cause of action against the Minister for Charter breaches allegedly committed by the School Board. The Claim is still proceeding against the School Board and its employees.

 

PRIVACY

Toronto (Catholic District School Board) (Re), 2020 CanLII 10425

The Applicant appealed the School Board’s refusal to disclose a Daily Enrolment Register (class list). The adjudicator found that the mandatory personal privacy exemption under Municipal Freedom of Information and Protection of Privacy Act applied to the record and upheld the School Board’s decision.

 

ONTARIO SPECIAL EDUCATION TRIBUNAL

JL v Halton Catholic District School Board, 2020 ONSET 1

The mother of a 9th grade student appealed the placement of her child on the ground that she was dissatisfied with the placement. The Tribunal found that it did not have jurisdiction to hear the appeal because the mother’s dissatisfaction stemmed from the transport provided by the School Board to her child and not the placement.

 

MINISTRY OF EDUCATION INITIATIVES

Minister of Education Releases Interim Report on Peel District School Board Review 

The Interim Report stems from the review of the Peel District School Board to address concerns about equity, anti-Black racism, and serious issues related to governance, leadership and human resources practices in the School Board.