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Constitutional Law Mock Appeal Scenario: Freeman Fracas v. The Central Regional School Board

This resource, originally from the OJEN Spring 2009 Charter Challenge, deals with students’ right to post information about their teachers on social media websites. Freeman Fracas, a grade 12 student,posted statements and pictures on his personal Facebook page that were deemed offensive and insulting to a teacher. The school principal suspended Mr. Fracas for 7 days, citing a violation of the school Code of Conduct and s. 306(1) of the Education Act. Mr. Fracas brought an application for a permanent injunction against the Central Regional School Board on the grounds that the policies violated his rights to freedom of expression and equality under ss. 2(b) and 15 of the Canadian Charter of Rights and Freedoms. This resource includes the trial level decision, which provides the basis for the appeal, as well as a factum template.

About the Charter Challenge

As Ontario’s only provincial appellate-level mock hearing, the Charter Challenge has students prepare arguments of Charter issues raised on appeal. While researching their arguments, students have the opportunity to connect online with other students around the province, as well as with lawyer mentors. Their factums are reviewed and finalist teams have the opportunity to argue the issue before a Court of Appeal judge, either in person or through video-conferencing.

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