This appeal concerned whether public school teachers are protected from unreasonable search and seizure by section 8 of the Canadian Charter of Rights and Freedoms when the search is performed in the workplace by their employers.
The case involved a school principal reading and taking screenshots of a private, password-protected log maintained by two teachers on their personal Google account, accessed via a workplace laptop, which was then used by the school board for disciplinary action.
The Court of Appeal found that the labour relations arbitrator and the Divisional Court erred in their interpretation and application of section 8, concluding that the teachers had a reasonable expectation of privacy in their log, which was violated by the principal's actions.
The appeal was allowed, and the arbitrator's award was quashed.
