Legal Opinion – In-Person Monitoring Meetings
AQED requested a legal opinion to clarify whether the Ministry of Education had the authority to require in-person monitoring meetings. A legal opinion is a document prepared by a lawyer that analyzes a situation within the current legal framework; it does not constitute a decision by a court of law.
The legal opinion states that the Ministry cannot mandate an in-person meeting, nor can it require it to take place at your home. Article 12 of the Regulation states that the monitoring meeting “may be held using any means of communication allowing all participants to immediately communicate with the others.” You therefore have the right to request that the meeting be held via videoconference, as permitted by Section 12 of the Regulation. The Ministry cannot require you to accept an in-person meeting or one at your home.
AQED’s Position
If your resource person (PR) suggests an in-person meeting and that is not your preferred method for the meeting, we encourage you to mention this and propose another method. You may mention that AQED obtained a legal opinion stating that the Ministry cannot force an in-person meeting. You can also CC us if your exchange takes place by email.
What if your PR still refuses to hold the meeting by another method? Contact us! AQED will support its members in case of uncertainty or more complex situations. Please feel free to contact our support team, either by email ([email protected]) or by phone (514-940-5334).