Does the Charter apply to private schools?

The Charter generally applies to government actors, including public school boards. Purely private institutions are typically not subject to Charter scrutiny unless they are performing a governmental function.

Can schools restrict student protests?

Schools may regulate the time, place, and manner of protests to preserve safety and school operations. Restrictions should be proportionate and demonstrably justified.

Can administrators search student phones?

Student phone searches raise significant privacy concerns. Searches should be reasonable, justified, and proportionate to the safety objective.

Are dress codes subject to Charter review?

Yes. Dress codes may be challenged where they infringe freedom of expression or equality rights, particularly if rules have discriminatory effects.

Do Charter rights override school board policies?

School board policies must comply with the Charter. Where a policy conflicts with constitutional protections, Charter requirements prevail.

Key Charter Cases Affecting Canadian Schools

Canadian courts have repeatedly examined how the Canadian Charter of Rights and Freedoms applies within the school environment. The cases below illustrate how courts balance constitutional rights with the statutory authority of school boards and administrators.

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Workplace Privacy and the Charter: Does the Charter Apply to Public School Boards?

York Region District School Boardn v. Elementary Teachers’ Federation of Ontario 2024 SCC 22 (Supreme Court of Canada).

Issue: Whether the Charter applies to Ontario public school boards and whether a principal’s search of a teacher’s workplace computer violated section 8 protections against unreasonable search and seizure.
Read the Full Case Here →

Systemic Remedy: University to Implement Admissions Pilot Project for Students with Disabilities

Longueépée v. University of Waterloo 2024 HRTO 707 (Human Rights Tribunal of Ontario).

Issue: Whether a university breached its obligations under the Human Rights Code by failing to reasonably accommodate a student with disabilities in the admissions process, and what remedy is appropriate where discrimination in admissions has been established.
Read the Full Case Here →

Religious Freedom: Supreme Court Declines to Hear School Appeal

Webber Academy Foundation v. Alberta (Human Rights Commission), 2024 CanLII 22674 (SCC) (Supreme Court of Canada); [appeal from: 2023 ABCA 194 (Alberta Court of Appeal)].

Issue: Whether a private school must accommodate student prayer requests under human rights legislation.
Read the Full Case Here →

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Key Charter Cases Affecting Canadian Schools

Workplace Privacy and the Charter: Does the Charter Apply to Public School Boards?

Systemic Remedy: University to Implement Admissions Pilot Project for Students with Disabilities

Religious Freedom: Supreme Court Declines to Hear School Appeal