The appellant, a teacher, appealed a penalty decision of the Discipline Committee of the Ontario College of Teachers that revoked her teaching certificate for professional misconduct related to off-duty social media posts.
The appellant argued the penalty ignored her Charter right to freedom of expression.
The Divisional Court allowed the appeal, finding that the Discipline Committee committed a fatal error of law by failing to conduct a proper Doré analysis regarding the Charter implications of disciplining the appellant for her speech.
The matter was remitted back for a fresh hearing before a differently constituted panel.
