A public school teacher publicly made anti-Semitic statements during his off-duty time.
A Jewish parent filed a human rights complaint alleging the school board discriminated by failing to discipline the teacher, thereby condoning his views and creating a poisoned educational environment.
The human rights board of inquiry found discrimination and ordered the school board to place the teacher on leave, appoint him to a non-teaching position if available, or terminate his employment, and to terminate him immediately if he published anti-Semitic materials in the future.
The Supreme Court of Canada held that the school board discriminated and that the order to remove the teacher from his teaching position infringed his freedom of expression and religion but was justified under s. 1 of the Charter.
However, the permanent ban on publishing was not minimally impairing and was severed.
