FOR IMMEDIATE RELEASE

WHAT: BCCLA at Supreme Court of Canada to intervene in York Region District School Board v. Elementary Teachers’ Federation of Ontario to argue that Charter rights must be given full protection regardless of the circumstances in which they are claimed

WHEN: October 18, 2023, at 6:30 am PST

WHERE: Supreme Court of Canada (Ottawa), live webcast available

Ottawa, ON (unceded Algonquin/Omàmìwininìwag territory) – On October 18, 2023, the BC Civil Liberties Association (BCCLA) will present oral arguments as an intervener at the Supreme Court of Canada’s hearing of York Region District School Board v. Elementary Teachers’ Federation of Ontario. This case will answer a number of important questions about how the Charter applies in schools.

The case arose from a disciplinary hearing for two elementary school teachers after the school’s principal found materials related to a workplace dispute on one of their work laptops. At issue is whether the search of the computer violated the teachers’ privacy rights under s. 8 of the Charter. On appeal, the School Board takes the position that either the Charter doesn’t apply to them at all, it doesn’t apply in the employment context, or it wasn’t violated in this case. 

The BCCLA argues that regardless of the decision maker, procedure, or Charter right at issue, reviewing courts should apply the same legal framework when individuals assert that their Charter rights have been violated. This will ensure Canadians’ Charter rights are protected consistently in all circumstances.

The BCCLA is represented by Fraser Harland of Olthuis van Ert.

Read the BCCLA’s factum.

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