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Did not raise any Charter issues
- A majority of the Divisional Court held that the arbitrator’s decision was reasonable. It said that the school principal’s search did not raise any Charter issues because, unlike in a criminal context, an employee does not have the right under section of the Charter to be secure against unreasonable search or seizure in a workplace environment.
www.scc-csc.ca/case-dossier/cb/2024/40360-eng.aspx
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Jun 21, 2024 · The Supreme Court of Canada ruled Friday that public school boards in Ontario are an arm of government and cannot "disavow their constitutional obligations" under the Charter of Rights and...
It said that the school principal’s search did not raise any Charter issues because, unlike in a criminal context, an employee does not have the right under section of the Charter to be secure against unreasonable search or seizure in a workplace environment.
Jun 25, 2024 · Justice Rowe, writing for a majority of the SCC, stated that this analysis applies specifically to Ontario public school boards and did not determine the applicability of the Charter to public school boards in other provinces or to private schools.
Jun 21, 2024 · All actions carried on by Ontario public school boards are subject to Charter scrutiny, including the principal’s actions in the instant case, as he acted in his official capacity as an agent of the board, a statutory delegate, and not in his personal capacity.
Jul 16, 2024 · The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right to privacy should be assessed.
Oct 29, 2021 · The Ontario Court of Justice ruled that a mandatory search by a school official, though lacking reasonable grounds, had not violated the student’s right to freedom from unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms. The ruling, issued by Justice Ghosh, is the latest development in case law on ...
