York Region District School Board v. Elementary Teachers’ Federation of Ontario is a case that 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 is intervening in this case to argue 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.