October 4, 2018 – HRTO dismisses student’s interim request to require the use of the 2015 health and physical education curriculum

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A transgender student has alleged discrimination against the Ministry of Education for repealing the 2015 health and physical education curriculum and replacing it with an interim curriculum based on the one from 1998. The 2015 curriculum included references to sexual orientation, gender diverse identities and expressions and non-heterosexual orientations, while the 1998 curriculum did not. The student made a request for interim remedy forcing the Ministry to issue a directive to all school boards to continue using the 2015 curriculum pending the outcome of the hearing. The Human Rights Tribunal denied the request.

Decision

 

LABOUR RELATIONS

Ontario Secondary School Teachers’ Federation, District 5A v Keewatin-Patricia District School Board2018 CanLII 88827 (ON LA)

The Union filed a grievance alleging that the Board retained a teacher to teach a special education class while declaring surplus a teacher with more seniority. While the surplus teacher’s qualifications for special education were the same as the teacher retained to teach the class, the Board argued that the latter was particularly qualified as she possessed unique training and experience in the areas of American Sign Language (“ASL”) and Picture Exchange Communication System (“PECS”). The Arbitrator upheld the grievance and found that the teacher’s certificates in ASL and PECS were not recognized by the Ontario College of Teachers. Furthermore, the course was designated as a special education course, not an ASL course.

 

HUMAN RIGHTS

Ahmed v Toronto District School Board2018 HRTO 1291

An employee alleged discrimination because of reprisal. The Human Rights Tribunal dismissed the Application as untimely because it was filed outside the one-year time limit. The employee argued that he was waiting for his grievance to resolve before filing his Application. However, the Tribunal has repeatedly held that individuals who feel their rights have been violated are expected to file an application within the required time limit, even if they are seeking redress from two different forums.

 

PRIVACY

Toronto District School Board (Re)2018 CanLII 87754

The Appellant requested access to the Board’s school zone boundary maps in a format that permitted users to manipulate the data electronically. The Board denied access, claiming the disclosure would harm its economic interests. The Information and Privacy Commissioner concluded that the requested records could not be withheld and ordered their disclosure.

 

PROFESSIONAL RESPONSIBILITY

Ontario College of Teachers v Charette2018 ONOCT 32

The Discipline Committee of the Ontario College of Teachers found that the teacher demonstrated a pattern of uncooperative, insubordinate and unprofessional conduct, which warranted a reprimand by his peers. The Member was disrespectful and inappropriate in his communications with colleagues. He sent insubordinate e-mails to school board administrators about his principal and his employer. Among other things, the Committee imposed a six-month suspension on the Member’s Certificate of Qualification and Registration.

 

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