The top court's decision came Friday in the case of two teachers who were reprimanded after discovery of a digital log about their work-related concerns.
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.
A labour arbitrator dismissed the grievance in August 2018, finding no breach of the teachers' reasonable expectation of privacy when balanced against the school board's"legitimate interest" in managing the workplace. The Supreme Court found Ontario public school boards are, in effect, an arm of the government and therefore subject to the Charter of Rights and Freedoms.
Tribunals should play a primary role in determination of Charter issues falling within their specialized jurisdiction, Rowe wrote. The arbitrator who heard the teachers' grievance had the power to decide questions of law, and was therefore required to decide the grievance consistent with the requirements of the guarantee in section 8 of the Charter against unreasonable search and seizure, Rowe said.
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