Ontario public school teachers are protected from unreasonable searches in workplace, Supreme Court rules

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The top court’s decision comes today in the case of two teachers who were reprimanded after discovery of a digital log about their work-related concerns

The Supreme Court of Canada says Ontario public school board teachers have a Charter-protected right against unreasonable search and seizure in the workplace.Ontario public school board teachers have a Charter-protected right against unreasonable search and seizure in the workplace, the Supreme Court of Canada has ruled.

One day the school principal, who had learned of the log, entered the classroom of one of the teachers. Seeing her open, unattended laptop, he touched the mouse pad, saw the log on the screen and proceeded to take screenshots with his cellphone.Letters of reprimand issued in January 2015 noted the teachers used school board technology to access and maintain a log during working hours, making some 100 entries about the principal and another teacher.

The decision was upheld by an Ontario court but later overturned by the province’s Court of Appeal. The school board then took its case to the Supreme Court. Rowe said administrative tribunals with the power to decide questions of law generally have authority to resolve constitutional questions linked to matters properly before them and must act consistently with the Charter and its values.

 

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