2 total
Judicial review of student transfer dismissed; principal has authority to transfer students for safety reasons.
The applicants, two high school students, sought judicial review of a principal's decision to suspend them and transfer them to another school following a violent altercation.
The applicants argued the principal lacked jurisdiction to transfer them, breached procedural fairness, and violated their rights under sections 7 and 15 of the Charter.
The Divisional Court dismissed the application, finding that the principal had the statutory authority to deny access and transfer students for safety reasons.
The court also held that there was no breach of procedural fairness and that the applicants failed to establish any Charter violations.
Motion to seal court file denied; file to be opened subject to redaction of identifying information.
The respondents brought a motion to continue a sealing order over the court file in an application for judicial review of decisions to exclude and transfer students following an alleged violent incident.
The respondents argued that the sealing order was necessary under the Education Act and the Youth Criminal Justice Act.
The court applied the Dagenais/Mentuck test and found that a complete sealing order was not necessary, as a less intrusive alternative was available.
The court rescinded the sealing order but directed that the court file be edited to remove the names and identifying information of the accused, the victim, and the witnesses.
