The Supreme Court of Canada ruled Friday that public school boards in Ontario are an arm of government and cannot “disavow their constitutional obligations” under the Charter of Rights and Freedoms, regardless of the terms in a collective agreement.
The court delivered the ruling after hearing a case involving two public school teachers in Ontario who alleged their rights under section eight of the Charter — which protects them from “unreasonable search or seizure” — were violated by their school principal and board.
“Lower courts have analyzed whether the Charter applies to school boards and have drawn different conclusions,” the court said. “The time has come to determine whether the Charter applies to Ontario public school boards.”