Ontario Teacher Candidates’ Council v. Ontario (Education)

Ontario Teacher Candidates’ Council v. Ontario (Education)

The appeal is allowed: the Divisional Court’s declaration that the MPT infringed s.15(1) is set aside because the July 2021 data the Divisional Court relied upon was preliminary and incomplete, the fuller December 2021 data shows high overall pass rates (95%) including 93% for racialized candidates, and there is insufficient evidence that the MPT has or will have a disproportionate adverse impact on entry to the teaching profession for racialized candidates; disparities on first attempts alone do not establish discrimination absent evidence of delayed or lost opportunities.

Citation
2023 ONCA 788
Parties
Applicant (respondent): Ontario Teacher Candidates’ Council; Applicant (respondent): Sara Petrucci; Respondent (appellant): His Majesty the King in Right of Ontario as represented by the Minister of Education and Education Quality and Accountability Office; Intervener: Ontario Human Rights Commission; Intervener: Ontario Secondary School Teachers’ Federation; Intervener: Canadian Constitution Foundation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 November 2023
Procedural Posture
Civil / Court of Appeal — Appeal From Divisional Court
Outcome
Appeal allowed; order of the Divisional Court dated December 17, 2021 set aside; MPT does not violate s.15(1) of the Charter on the record before the court; no costs ordered.
Legal Topics
Charter S.15 Equality Rights, Charter S.1 Justification, Adverse Impact Discrimination, Teacher Certification and Licensing, Standardized Competency Testing, Remedies and Declarations
Source Language
English
Constitutional Law Administrative Law Human Rights Education Law Civil Litigation Charter S.15 Equality Rights Charter S.1 Justification Adverse Impact Discrimination +3 more

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Parties

Ontario Teacher Candidates’ Council

Applicant (respondent)

Sara Petrucci

Applicant (respondent)

His Majesty the King in Right of Ontario as represented by the Minister of Education and Education Quality and Accountability Office

Respondent (appellant)

Ontario Human Rights Commission

Intervener

Ontario Secondary School Teachers’ Federation

Intervener

Canadian Constitution Foundation

Intervener

Procedural Posture

Civil / Court of Appeal — Appeal From Divisional Court

Legal Issues

  1. 1 Whether the Math Proficiency Test (MPT) violates s.15(1) of the Charter (Step 1 and Step 2 analysis)
  2. 2 Whether any s.15(1) infringement would be justified under s.1 of the Charter

Ratio Decidendi

The appeal is allowed: the Divisional Court’s declaration that the MPT infringed s.15(1) is set aside because the July 2021 data the Divisional Court relied upon was preliminary and incomplete, the fuller December 2021 data shows high overall pass rates (95%) including 93% for racialized candidates, and there is insufficient evidence that the MPT has or will have a disproportionate adverse impact on entry to the teaching profession for racialized candidates; disparities on first attempts alone do not establish discrimination absent evidence of delayed or lost opportunities.

Court Disposition

Appeal allowed; order of the Divisional Court dated December 17, 2021 set aside; MPT does not violate s.15(1) of the Charter on the record before the court; no costs ordered.

Orders

  • Order of the Divisional Court dated December 17, 2021 is set aside.
  • Declaration that the Math Proficiency Test (MPT) violated s.15(1) of the Charter is set aside.