Ontario educators must be able to work in environments where they feel safe and respected

BY PAUL JUNOR

It is almost ten years now since the Elementary Teachers Federation of Ontario (ETFO) filed a grievance with respect to two of its members who faced disciplinary actions by the York Region District School Board (YRDSB) after a principal gained access to their personal account. The fact that the account was password-protected, private and confidential has been an issue that has been of major concern. On Friday, June 21^st, 2024, ETFO posted on its website the decision by the Supreme Court of Canada to upheld privacy rights of educators.

It is important to understand the legal struggles that led up to the historic Supreme Court’s decision. In August 2018, the grievance that ETFO filed was dismissed by an arbitrator who reasoned that “There was a reasonable expectation of privacy for the log itself.” The fact that “The log was discovered on an open, unattended board-issued laptop in the workplace” minimized the expectation of privacy. It was subsequently ruled that the YRDSB did not infringe the rights of employees to privacy.

The support for the ruling by the Ontario Division Court in June 2020 that there are no privacy rights for public sector employees under the Charter did not go across well.

ETFO did not back down and persisted in its legal fight. In June 2022, the Ontario Court of Appeal overturned the Division Court’s ruling noting that it had erroneously interpreted the members’ Section 8 rights in their workplace. In this landmark ruling, the judges ruled unanimously that “There is no doubt that public sector teachers are protected from unreasonable search and seizure.” under Charter.

Following this decision, the Supreme Court of Canada accepted the school board’s application to hear this matter. The hearing occurred on October 18^th, 2023. There were many unions, varied organizations and Attorney Generals from Canada that intervened and made submissions. They include:

• Attorney General of Canada
• Attorney General of Ontario
• Canadian Civil Liberties Association
• Center for Free Expression
• EGALE Canada

The press release by ETFO applauds the decision by the Supreme Court of Canada. It states, “ETFO celebrates the Supreme Court of Canada’s landmark decision to uphold the fundamental rights of educators to workplace privacy. This monumental victory, achieved through ETFO’s steadfast advocacy, ensures that school boards as governmental entities, respect the Canadian Charter of Rights and Freedoms in all that they do.”

ETFO outlined some of the positive aspects of this historic ruling. It notes, “It unequivocally reaffirms the ETFO’s position that educators have a right to the protections under Section 8 of the Charter against unreasonable search and secure privacy at work, a principle that is crucial for maintaining a safe and respectful working environment.”

ETFO highlights the significance of this ruling and its ramifications. It notes, “This decision is a significant triumph. It reinforces the principle that privacy rights exist in the workplace, and it ensures that workers can perform their duties without unwarranted intrusion. The decision highlights the importance of protecting personal information and ensuring that any surveillance or data collection by employers is addressed appropriately.”

“Privacy cannot be compromised; Ontario educators must be able to work in environments where they feel safe and respected, and where their rights are upheld. This decision marks a pivotal moment in the fight for educators’ rights in Ontario and sets a powerful path forward for workers’ privacy elsewhere.”