The Charter protects school board employees' rights against unreasonable searches: Supreme Court

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This past week, the Supreme Court of Canada determined, in no uncertain terms, that the Charter of Rights and Freedoms applies to employees of a public school board in Ontario, which means that Section 8 of the Charter protects their privacy in workplace investigations.
Here's the case as it wound its way up to the Supreme Court of Canada:
► Supreme Court of Canada - York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 canlii.ca/t/k5cq6
► Ontario Court of Appeal - Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476 canlii.ca/t/jpw5l
► Ontario Divisional Court - Elementary Teachers Federation of Ontario v. York Region District School Board, 2020 ONSC 3685 canlii.ca/t/j89tc
Where you can find me
► Privacylawyer blog: blog.privacyla...
► My law firm: www.mcinnescoo....
► Twitter: / privacylawyer
► LinkedIn: / davidtsfr. .
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.

Опубликовано:

12 сен 2024

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Комментарии : 7

@DonJoyce 2 месяца назад

So complicated!! And interesting!

@nelsonduarte6539 2 дня назад

Hi David, thank you for this page and content, it’s very informative. I have a question, can an employer and HR person request to see content on my personal cell phone to substantiate an HR investigation. To even go as far as showing the person how to search for specific content involving text messages between two co-workers, all on personal cell phones? Thanks

@DanielAJSokolov 2 месяца назад

Fascinating. So was the decision of the Appeal court confirmed? Or was the case sent back to the first court?

@91rss 2 месяца назад

interesting any Govt form you fill out gives them perpetual right to access of your info and is non revokable,, And they wonder why breaches happen when they have so much of your archived data, vs wiping it a few yrs later.

@Adam.Smith411 2 месяца назад

Good point by David that the analysis didn't touch on MFIPPA. It might be very significant if it was raised in the original arguments and was left un-referenced by the courts.

@jimmitchell1094 28 дней назад

Interesting. I would love to hear about urinalysis drug testing. Especially regarding marijuana. It is private sector, so I would;d think there would be some differences, possibly significant.