Pendulum Law Ltd.

𝐒𝐭𝐚𝐲 𝐚𝐡𝐞𝐚𝐝 𝐨𝐟 𝐥𝐞𝐠𝐚𝐥 𝐫𝐢𝐬𝐤𝐬 𝐢𝐧 𝐂𝐚𝐧𝐚𝐝𝐢𝐚𝐧 𝐄𝐝𝐮𝐜𝐚𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐋𝐞𝐚𝐝𝐞𝐫𝐬!

Every week, new education law decisions reshape what’s legally defensible in Canadian schools. Pendulum Law turns complex cases into clear, plain-language guidance — so your team can make confident, defensible decisions before issues become legal problems.

Are you confident your team is keeping up with education law?

𝐖𝐡𝐲 𝐚 𝐦𝐞𝐦𝐛𝐞𝐫𝐬𝐡𝐢𝐩 𝐭𝐨 𝐏𝐞𝐧𝐝𝐮𝐥𝐮𝐦 𝐋𝐚𝐰 𝐦𝐚𝐭𝐭𝐞𝐫𝐬 𝐟𝐨𝐫 𝐲𝐨𝐮𝐫 𝐭𝐞𝐚𝐦:

𝐀𝐧𝐭𝐢𝐜𝐢𝐩𝐚𝐭𝐞 𝐢𝐬𝐬𝐮𝐞𝐬 𝐞𝐚𝐫𝐥𝐲
Learn from real Canadian cases to adjust practice before problems escalate.
𝐒𝐭𝐫𝐞𝐧𝐠𝐭𝐡𝐞𝐧 𝐜𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞
Track trends in discipline, privacy, human rights, employment, and safety.
𝐄𝐧𝐡𝐚𝐧𝐜𝐞 𝐩𝐫𝐨𝐟𝐞𝐬𝐬𝐢𝐨𝐧𝐚𝐥 𝐥𝐞𝐚𝐫𝐧𝐢𝐧𝐠
Use cases and discussion prompts to support Professional and leadership development.
𝐈𝐦𝐩𝐫𝐨𝐯𝐞 𝐜𝐨𝐧𝐬𝐢𝐬𝐭𝐞𝐧𝐜𝐲
Equip teams with a shared understanding of legal expectations and standards.

For complimentary cases, special issues and membership details, visit us at: https://www.pendulumlaw.ca

During the school year, we report current Canadian education law cases. During school breaks, we make time to reflect on education law trends. This past year, Pendulum Law reported cases involving student athletes and coaches, from several Canadian jurisdictions across many levels of our judicial system. One of our team members, has a particular interest in the law pertaining to student athletes, coaches, sport organizations, and governance. Legal issues impacting student athletes include funding, insurance, contractual rights, human rights, safe sport, athlete conduct, health and safety, inclusivity, and ethics in sport.

Pendulum Law envisioned the benefit of a 14-page Special Issue focussed upon Student Athletes for our clients.

For a copy of this Special Issue, please leave a comment or email us at [email protected] and we will be happy to send you a copy!

Visit our website at www.pendulumlaw.ca for more complimentary cases.

Enjoy! ~ Your Pendulum Law Team

𝗣𝗿𝗶𝘃𝗮𝗰𝘆 𝗜𝗻𝗾𝘂𝗶𝗿𝘆: 𝗡𝗼 𝗘𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗼𝗳 𝗔𝗰𝗮𝗱𝗲𝗺𝗶𝗰 𝗖𝗿𝗶𝗺𝗲 𝗼𝗿 𝗙𝗿𝗮𝘂𝗱

In 𝑇ℎ𝑜𝑚𝑝𝑠𝑜𝑛 𝑅𝑖𝑣𝑒𝑟𝑠 𝑈𝑛𝑖𝑣𝑒𝑟𝑠𝑖𝑡𝑦 (𝑅𝑒), 2025 𝐵𝐶𝐼𝑃𝐶 31, a former student sought access to records related to a complaint made against her under the University’s 𝑅𝑒𝑠𝑝𝑒𝑐𝑡𝑓𝑢𝑙 𝑊𝑜𝑟𝑘𝑝𝑙𝑎𝑐𝑒 𝑎𝑛𝑑 𝐻𝑎𝑟𝑎𝑠𝑠𝑚𝑒𝑛𝑡 𝑃𝑟𝑒𝑣𝑒𝑛𝑡𝑖𝑜𝑛 𝑃𝑜𝑙𝑖𝑐𝑦. The University hired an external lawyer to investigate the complaint, later withholding certain records under s. 14 of the 𝑭𝒓𝒆𝒆𝒅𝒐𝒎 𝒐𝒇 𝑰𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝒂𝒏𝒅 𝑷𝒓𝒐𝒕𝒆𝒄𝒕𝒊𝒐𝒏 𝒐𝒇 𝑷𝒓𝒊𝒗𝒂𝒄𝒚 𝑨𝒄𝒕 on the basis of solicitor-client privilege.

The Applicant argued the University’s actions amounted to “academic fraud” and that the crime-fraud exclusion could apply, limiting privilege. The Information and Privacy Commissioner (IPC) rejected the argument, finding no evidence that the University sought legal advice to commit a crime.

The IPC found that the University properly claimed solicitor-client privilege for impugned communications between its in-house counsel and a senior manager. However, the University was ordered to disclose any portions of the records not covered by privilege or other statutory exclusions.

Key Questions

𝟭. 𝗪𝗵𝘆 𝗱𝗶𝗱 𝘁𝗵𝗲 𝗨𝗻𝗶𝘃𝗲𝗿𝘀𝗶𝘁𝘆 𝗿𝗲𝗳𝘂𝘀𝗲 𝘁𝗼 𝗿𝗲𝗹𝗲𝗮𝘀𝗲 𝘀𝗼𝗺𝗲 𝗶𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻 𝘁𝗼 𝘁𝗵𝗲 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝗻𝘁?
The University withheld certain records under s. 14 of the 𝐴𝑐𝑡, which allows public bodies to refuse disclosure of confidential communications protected by solicitor-client privilege. The withheld record consisted of legal advice exchanged between counsel and a senior manager, for the purpose of giving advice.
________________________________________
2. What did the Applicant mean by “academic fraud,” and why was this argument rejected?
The Applicant suggested the University used legal advice to commit “academic fraud.” The Commissioner found no evidence supporting this claim and clarified that “academic fraud” typically refers to an individual gaining an unfair academic advantage — not institutional wrongdoing. There was no 𝑝𝑟𝑖𝑚𝑎 𝑓𝑎𝑐𝑖𝑒 evidence that any criminal or fraudulent purpose occurred.
________________________________________
3. What is the crime-fraud exclusion? Did it apply here?
The crime-fraud exclusion vitiates solicitor-client privilege when communications facilitate a crime. The IPC found it did not apply as there was no evidence the University sought legal advice to commit a criminal or fraudulent act.
________________________________________
4. How did the IPC determine whether privilege applied?
The IPC relied on evidence from the University’s Privacy Officer — a practicing lawyer — who reviewed the withheld record, confirming it was a confidential legal communication. As this was sufficient to establish privilege, the IPC did not need to order production of the document.
________________________________________
5. What was the outcome of the Inquiry?
The Adjudicator concluded that the University was entitled to withhold information protected by solicitor-client privilege. The University was ordered to release information not covered by privilege, and provide specified information to the Applicant by a set deadline.

STAY AHEAD OF LEGAL ISSUES IN CANADIAN EDUCATION

Pendulum Law keeps leaders informed with:
✔ Monthly Canadian cases
✔ Preventive Cases for Post-Secondary Stakeholders
✔ Discussion questions for team learning

➡ Read the case update https://www.pendulumlaw.ca/complimentary-post-secondary
➡ Explore District Membership Options www.pendulumlaw.ca/memberships

COURT UPHOLDS CHILD LURING CONVICTION ON APPEAL — WHAT SCHOOL LEADERS NEED TO KNOW

A recent decision from the Manitoba Court of Appeal offers important guidance for school and district leaders on teacher–student boundaries, digital communication, and how courts assess intent in child luring cases.

In 𝑅. v. 𝐾𝐵, 2025 MBCA 73, the Manitoba Court of Appeal upheld a teacher’s conviction for child luring under s. 172.1(1)(b) of the 𝐶𝑟𝑖𝑚𝑖𝑛𝑎𝑙 𝐶𝑜𝑑𝑒.

The case involved a teacher/coach who developed a close, inappropriate relationship with a student. Over several years, he communicated extensively with her through text and social media, arranged private meetings, and repeatedly expressed emotional attachment. At trial, the judge found that — even without explicit sexual language—the totality of the communications and behaviour demonstrated intent to facilitate an offence.

On appeal, the teacher argued that the trial judge misinterpreted the evidence and that the case should have been stayed due to unreasonable delay contrary to s. 11(b) of the Charter. The Court of Appeal rejected both arguments, finding that:

• The trial judge properly inferred intent from the evidence as a whole; and

• Delay from charge to conclusion fell below the 18-month Jordan ceiling, considering exceptional circumstances. The conviction was affirmed.

Read the full case here https://www.pendulumlaw.ca/complimentary-primary
___________________________________

Key Questions for School Leaders

Does child luring require sexually explicit messages? The Court confirmed that sexually explicit language is not required for a luring conviction. What matters is whether the communication, taken as a whole, was intended to facilitate a designated offence.
Read more questions here: https://www.pendulumlaw.ca/complimentary-primary

For school districts, this case is a reminder that preventive education law is critical for training, policy development, and risk management.

STAY AHEAD OF LEGAL ISSUES IN CANADIAN EDUCATION

Pendulum Law keeps leaders informed with:
✔ Monthly Canadian cases
✔ Preventive insights for K–12 & Post-Secondary
✔ Discussion questions for team learning

➡ Read the case update https://www.pendulumlaw.ca/complimentary-primary
➡ Explore District Membership Options www.pendulumlaw.ca/memberships

𝐓𝐞𝐫𝐦𝐢𝐧𝐚𝐭𝐢𝐨𝐧 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧: 𝐓𝐞𝐚𝐜𝐡𝐞𝐫 𝐭𝐨 𝐛𝐞 𝐑𝐞𝐢𝐧𝐬𝐭𝐚𝐭𝐞𝐝 𝐅𝐨𝐥𝐥𝐨𝐰𝐢𝐧𝐠 𝐃𝐢𝐬𝐦𝐢𝐬𝐬𝐚𝐥 𝐟𝐨𝐫 𝐁𝐥𝐚𝐜𝐤𝐟𝐚𝐜𝐞 𝐂𝐨𝐬𝐭𝐮𝐦𝐞

𝐒𝐮𝐦𝐦𝐚𝐫𝐲
An Ontario arbitration award reinstated a Toronto teacher who was dismissed after wearing blackface as part of a Halloween costume. While the conduct was culpable, the arbitrator ruled that termination of employment was excessive given the teacher’s long record, remorse, and corrective education. The case underscores how intent, rehabilitation, and proportionality shape discipline under education and labour law. It also highlights the importance of cultural awareness and ongoing sensitivity training in schools. Learn what this ruling means for teacher conduct, school board policy, and the evolving legal standards in Ontario’s education system.

𝗞𝗲𝘆 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻𝘀:
𝟏. 𝐖𝐡𝐲 𝐰𝐚𝐬 𝐭𝐡𝐞 𝐭𝐞𝐚𝐜𝐡𝐞𝐫 𝐭𝐞𝐫𝐦𝐢𝐧𝐚𝐭𝐞𝐝 𝐛𝐲 𝐭𝐡𝐞 𝐒𝐜𝐡𝐨𝐨𝐥 𝐁𝐨𝐚𝐫𝐝?
The teacher was dismissed after wearing a Halloween costume that involved painting his face black — commonly recognized as blackface. The Board determined this conduct violated its anti-racism policies and caused harm to students and staff. Despite the teacher’s lack of intent to offend, the impact on the school community was deemed severe.

𝟐. 𝐖𝐡𝐚𝐭 𝐰𝐚𝐬 𝐭𝐡𝐞 𝐦𝐚𝐢𝐧 𝐥𝐞𝐠𝐚𝐥 𝐢𝐬𝐬𝐮𝐞?
The arbitration was about whether the teacher’s termination was the appropriate disciplinary response. The question before the arbitrator was whether a lesser penalty, such as a suspension, could have addressed the misconduct while preserving the employment relationship.

𝟑. 𝐖𝐡𝐚𝐭 𝐝𝐨𝐞𝐬 𝐭𝐡𝐢𝐬 𝐜𝐚𝐬𝐞 𝐦𝐞𝐚𝐧 𝐟𝐨𝐫 𝐭𝐞𝐚𝐜𝐡𝐞𝐫𝐬 𝐚𝐧𝐝 𝐬𝐜𝐡𝐨𝐨𝐥 𝐛𝐨𝐚𝐫𝐝𝐬 𝐠𝐨𝐢𝐧𝐠 𝐟𝐨𝐫𝐰𝐚𝐫𝐝?

𝐉𝐨𝐢𝐧 𝐏𝐞𝐧𝐝𝐮𝐥𝐮𝐦 𝐋𝐚𝐰'𝐬 𝐌𝐞𝐦𝐛𝐞𝐫𝐬𝐡𝐢𝐩 𝐭𝐨𝐝𝐚𝐲 𝐚𝐧𝐝 𝐫𝐞𝐚𝐝 𝐭𝐡𝐢𝐬 𝐜𝐚𝐬𝐞 𝐚𝐧𝐝 𝐦𝐨𝐫𝐞!

https://www.pendulumlaw.ca/

Sending warm wishes for a happy, safe and peaceful Thanksgiving!
~ Your Pendulum Law Team

We will see you at the AISCA Fall Leadership 2025 in Canmore! https://www.aisca.ab.ca/events/aisca-fall-leadership-2025-canmore/

Anna Zadunayski, founding partner of Pendulum Law Ltd. will be presenting:

𝐓𝐡𝐞 𝐑𝐢𝐬𝐞 𝐨𝐟 𝐏𝐮𝐛𝐥𝐢𝐜 𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭 𝐑𝐞𝐦𝐞𝐝𝐢𝐞𝐬: 𝐄𝐱𝐚𝐦𝐢𝐧𝐢𝐧𝐠 𝐇𝐮𝐦𝐚𝐧 𝐑𝐢𝐠𝐡𝐭𝐬 𝐂𝐚𝐬𝐞𝐬 𝐚𝐧𝐝 𝐑𝐞𝐦𝐞𝐝𝐢𝐚𝐥 𝐎𝐫𝐝𝐞𝐫𝐬 𝐈𝐦𝐩𝐚𝐜𝐭𝐢𝐧𝐠 𝐂𝐚𝐧𝐚𝐝𝐢𝐚𝐧 𝐒𝐜𝐡𝐨𝐨𝐥𝐬

Her presentation, "The Rise of Public Interest Remedies: Examining Human Rights Cases and Remedial Orders Impacting Canadian Schools," explores how human rights legislation prohibits discrimination in Canadian schools, surveying recent cases involving issues like teacher privacy, student prayer, and accommodations for students with disabilities.

Anna is a Calgary-based lawyer, ethicist, researcher and founding partner of Pendulum Law Ltd., a legal publishing and education law resource firm. Anna is also a research associate at the University of Calgary. She specializes in legal research and writing related to Canadian education law.

Please enjoy our recent publication:

𝐈𝐧𝐝𝐞𝐩𝐞𝐧𝐝𝐞𝐧𝐭 𝐒𝐜𝐡𝐨𝐨𝐥𝐬 𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐈𝐬𝐬𝐮𝐞
This past year, we reported several cases involving Independent Schools, from many Canadian jurisdictions, at all levels of our judicial system. From small questions about school uniforms and family fundraising, to larger questions involving student enrollment, expulsion and human rights, we’ve
compiled this selection of interesting cases with Independent Schools in mind. Read more here: https://www.pendulumlaw.ca/complimentary-special-issues

AISCA Fall Leadership 2025 - Canmore | AISCA Join the Association of Independent Schools & Colleges in Alberta (AISCA) for our Fall Leadership Conference 2025

𝐈𝐧𝐝𝐞𝐩𝐞𝐧𝐝𝐞𝐧𝐭 𝐒𝐜𝐡𝐨𝐨𝐥𝐬 𝐒𝐩𝐞𝐜𝐢𝐚𝐥 𝐈𝐬𝐬𝐮𝐞

This past year, we reported several cases involving Independent Schools, from many Canadian jurisdictions, at all levels of our judicial system. From small questions about school uniforms and family fundraising, to larger questions involving student enrollment, expulsion and human rights, we’ve compiled this selection of interesting cases with Independent Schools in mind.

Read more here: https://www.pendulumlaw.ca/complimentary-special-issues

𝗕𝗶𝗻𝗱𝗶𝗻𝗴 𝗜𝗻𝘁𝗲𝗿𝗲𝘀𝘁 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗔𝗱𝗱𝗿𝗲𝘀𝘀𝗲𝘀 𝗧𝗲𝗮𝗰𝗵𝗲𝗿 𝗦𝗮𝗹𝗮𝗿𝗶𝗲𝘀 𝗮𝗻𝗱 𝗖𝗹𝗮𝘀𝘀 𝗖𝗼𝗺𝗽𝗹𝗲𝘅𝗶𝘁𝘆 𝗶𝗻 𝗦𝗮𝘀𝗸𝗮𝘁𝗰𝗵𝗲𝘄𝗮𝗻

Facts

The Saskatchewan Teachers’ Federation (the Union) is the legislated provincial collective bargaining agent for public school teachers in Saskatchewan. The Saskatchewan School Boards Association (the Employer) represents school boards in Saskatchewan and negotiates on behalf of school boards and the Government of Saskatchewan. The previous provincial collective agreement expired in August 2023.

Negotiations for a new collective agreement began in May 2023. Lack of progress on the issues of teacher salaries and classroom complexity resulted in the parties agreeing to arbitration in June 2024.

The first item concerning wages was relatively straightforward in scope, involving the amount by which teacher salaries would increase over a three-year term, commencing in September 2023. The parties fundamentally disagreed, however, about the scope of class complexity.

Read more here: https://www.pendulumlaw.ca/complimentary-primary

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