A principal’s isolated misconduct did not justify a demotion

Administrative law – Decisions reviewed – School boards – Judicial review – Appeals – Procedural requirements and fairness – Legislative compliance – Failure to provide reasons – Standard of review – Correctness – Teachers – Professional misconduct or conduct unbecoming – Disciplinary proceedings Oberg v. Saskatchewan Board of Education of the South East Cornerstone School ...

Elementary school will open following Supreme Court of Newfoundland and Labrador ruling that the previously appointed Board of Trustees did not have the authority to close school

15. August 2017 0
Newfoundland Court of Appeal held that parents were entitled to make representations to a properly constituted school board with respect to decision about the closure of an elementary school. Administrative law – Decisions of administrative tribunals – School boards – Schools – Powers and duties – Parental rights – Judicial review – Appeals Young v. Newfoundland and Labrador English School District, [2017] N.J. ...

School’s prayer policy discriminated against the belief of Sunni Muslim students

26. October 2016 0
Appeal from decision under Alberta Human Rights Act that school discriminated against students by prohibiting them from performing prayer on campus. Administrative law – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Duty to Accommodate – Failure to provide reasons – Human Rights Commission – Human rights complaints – Judicial Review – ...

Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds

23. October 2015 0
Appeal from dismissal of claim against public school board for breach of freedom of religious expression in relation to proselytizing on school grounds. Administrative law – Charter of Rights and Freedoms – Compliance with legislation – Decisions of administrative tribunals – Discrimination – Freedom of Religion – Human Rights – Judicial Review – Parental Rights ...

The Association des parents de l’école Rose-des-vents (the “Association”) succeeded on its appeal from the judgment of the British Columbia Court of Appeal which had set aside the chambers judge’s order striking certain paragraphs of pleadings filed by the Minister of Education and the Attorney General for British Columbia. In addition, they were successful in restoring the declaration that educational services made available to the students at Rose-des-vents (“RDV”) were not equivalent to the facilities available to majority language students in the same area.

23. June 2015 0
Administrative law – Schools and school boards – Funding – Facilities – Parental rights – Discrimination – Charter of Rights and Freedoms – Equality rights – Minority rights – Language rights – Remedies – Declaratory relief Association des parents de l’école Rose-des-vents v. British Columbia (Education), [2015] S.C.J. No. 21, 2015 SCC 21, Supreme Court ...

The Divisional Court of Ontario permitted an application for judicial review by a student who had been expelled by the headmaster of a private school for smoking marijuana. The Court of Appeal held that such a decision was not within the jurisdiction of the court to review for two reasons: one, the nexus between the school’s enabling Act and the expulsion decision was not specific enough to make the decision an exercise of statutory power; and two, even if there was a nexus, the decision could not be reviewed by public law or subject to a public law remedy because the decision maker was a private school created by private statute, and its disciplinary decisions are regulated by contracts between the school and the students’ parents.

28. January 2014 0
Administrative law – Decisions of administrative tribunals – School boards – Powers and duties – Statutory provisions – Schools – Students – Code of conduct – Expulsion of students – Judicial review – Jurisdiction – Compliance with legislation Setia v. Appleby College, [2013] O.J. No. 5736, 2013 ONCA 753, Ontario Court of Appeal, December 13, ...

The Applicant mother of a suspended student unsuccessfully applied for judicial review of the Respondent Board’s decision to suspend the student for 15 days

Administrative law – Decisions of administrative tribunals – School boards – Notice requirements – Schools – Suspension of students – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Parsons v. Chignecto-Central Regional School Board, [2013] N.S.J. No. 282, 2013 NSSC 170, Nova Scotia Supreme Court, June 4, 2013, P.J. ...

The Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...

The Applicants, two high school students, unsuccessfully applied for judicial review of their private school’s decision to expel them for marijuana use

Administrative law – Decisions of administrative tribunals – School boards – Schools – Suspension of students – Judicial review – Compliance with legislation – Jurisdiction of court – No reasonable cause of action W.W. v. Lakefield College School, [2012] O.J. No. 375, 2012 ONSC 577, Ontario Superior Court of Justice, January 27, 2012, P. Lauwers J. The Applicants ...

The Appellants unsuccessfully appealed Court of Appeal judgments concerning their motion for declaratory judgments that a decision to deny their children exemptions from a class concerning ethics and religious culture constituted an infringement on their freedom of conscience and religion

Administrative law – Decisions of administrative tribunals – School boards – Charter of Rights and Freedoms – Freedom of Religion – Schools – Parental rights – Judicial review – Mootness S.L. v. Commision scolaire des Chênes, [2012] S.C.J. No. 7, 2012 SCC 7, Supreme Court of Canada, February 17, 2012, McLachlin C.J. and Binnie, LeBel, ...