Heenan Blaikie enjoys a solid reputation in the education sector. Our clients are involved at all levels of the private and public educational systems, from elementary and secondary schools to institutions of higher learning. We regularly act as counsel for the following clients:
- provincial departments of education
- universities and colleges
- publicly-funded school boards (including confessional and linguistic boards)
- private educational institutions
- school foundations
- governing boards
- trustees and trustee associations
- school administrators
- student transportation providers
- linguistic minority communities
- parents’ committees and associations
- student associations
- related professional associations
Services Overview
We provide education advice in connection with:
- Labour relations – collective bargaining, contract interpretation, labour arbitration and labour board proceedings (including union certification and unfair labour practice complaints)
- Employment law – representation in wrongful dismissal and human rights proceedings; advice regarding employment standards; pension, pay equity and Charter issues; drafting of employment contracts and termination package
- Occupational health and safety and workers’ compensation
- School Board Governance – advising educational institutions and governing bodies on their powers and duties; drafting or revising policies dealing with school safety, special education, sexual harassment and discrimination, school closures and privacy issues
- Government relations – assistance in securing federal funding for post-secondary institutions, student loans and bursaries, working with government officials to discuss policy concerns, developing legislative proposals designed to improve educational programs and results
- Employment of non-unionized staff, including non-unionized non-teaching staff and non-unionized occasional teacher
- Administrative and regulatory law – evaluating legislative and regulatory actions; monitoring internal risks; resolving regulatory compliance issues and conducting compliance reviews; providing advice on regulations, procedures and policies regarding educational institutions (ex.: student discipline, special education needs, delegation of powers, use of school equipment and facilities, school hours, student attendance)
- Linguistic rights – constitutional challenges based on minority language educational rights (section 23 of the Canadian Charter of Rights and Freedoms), Native language programs as well as litigation and advice related to the federal Official Languages Act, Quebec’s Charter of the French language and other relevant language legislation as they apply to educational institutions
- Denominational rights – advising denominational institutions on their rights and duties
- Contract drafting, negotiation and interpretation – research contracts, donation contracts, procurement and construction contracts, facility-sharing agreements and partnership agreements
- Real estate and commercial leasing
- Citizenship and immigration issues
- Federal, provincial and municipal taxation
- Intellectual property, including copyright, trade-marks and patents
- Privacy and information management
- Technology – purchase and licensing of computer hardware and software, data security, privacy issues
- Litigation – representing clients in all types of litigation, including tort claims, constitutional cases, human rights, labour and employment proceedings, and non-compliance proceedings with respect to applicable laws and regulations
- Charities – advising clients with respect to endowment, donations, the creation of non-profit organizations as well as corporate and taxation issues in relation to educational institutions and foundations
Organizational Involvement
Our lawyers have a deep commitment towards education. They have written extensively on educational issues and have taken part in the activities organized by the Canadian Association for the Practical Study of Law in Education. In addition, many of them are active members of the academic community, either as lecturers at prominent universities in Canada, as members of boards of directors or as professional training instructors.