Workplace legal issues are rarely straightforward—especially when they involve privacy. Whether you’re an employer or an employee, navigating the boundaries of privacy in the workplace can be tricky. A recent Supreme Court of Canada (SCC) decision underscores just how high the stakes can be when privacy rights are overlooked—and why it’s essential to take a thoughtful, legally sound approach from the start.  

In this blog, Caravel Law—alongside employment lawyer Wanda Shreve—breaks down the Supreme Court’s decision and what it means for workplace privacy. 

In York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22, the Supreme Court confirmed that Ontario public school board teachers are protected from unreasonable search and seizure in the workplace under section 8 of the Canadian Charter of Rights and Freedoms.  

Background: 

Two teachers had been using a shared, password-protected online log to privately record workplace concerns. When a school principal discovered this log, he accessed one teacher’s Board-issued laptop (left open after class), viewed the document, scrolled through it, and took screenshots with his cell phone. The Board later used those screenshots to issue written reprimands. 

The teachers’ union filed a grievance, arguing that the teachers’ right to privacy had been breached. The labour arbitrator dismissed the grievance, finding that there was no reasonable expectation of privacy in this context. However, the Ontario Court of Appeal disagreed, holding that the principal’s actions violated section 8 of the Charter. The Supreme Court of Canada affirmed the Court of Appeal’s ruling.  

Why it Matters: 

The SCC held that Ontario public school boards are “governmental” actors for the purposes of section 32 of the Charter. Because the principal was acting on behalf of the school board—not in a personal capacity—his search of the teacher’s work laptop constituted state action and had to comply with the Charter. The Court found the search unreasonable, making the disciplinary action legally flawed. 

Key Takeaways:  

1. The Charter can shape workplace rights: Public sector employers – like school boards – must consider Charter rights when managing employees. That includes respecting privacy rights in disciplinary investigations and internal reviews. 
2. Privacy expectations still apply at work: Employees don’t give up all privacy just because they’re on the job or using employer-issued devices. If content is personal and password-protected, courts may find it deserves protection – even if it’s discovered at work.
3. Missteps can unravel discipline: Even when employers uncover problematic conduct, the way the information is gathered matters. If the process of gathering the information violates the employees’ legal rights, the discipline may not stand.

At Caravel, we pride ourselves on working with clients to proactively assess issues from every angle and avoid missteps before they occur. Whether advising on discipline, employee privacy or workplace policy, our goal is to always position our clients for success. 

Connect with us today to learn more about how Caravel’s Employment experts can support you.