This paper examines the evolving Canadian jurisprudence at the appellate court level to outline the emerging definition--what is termed the "judicial construction"--of the role of the teacher. "Judicial construction" is a phrase intended to capture the attribution by judges of the social and educational significance of teachers. It is a phrase that recognizes the interpretative role of judges in adjudicating legal situations involving teachers and the importance ascribed to teachers by judges. In this context, the focus is on issues of teacher misconduct outside the classroom and during off-duty hours. The paper deals with only those cases in which questionable, but otherwise legal behaviour, are explored. It undertakes a detailed look at two recent Supreme Court of Canada decisions concerning alleged teacher misconduct, in the form of discrimination, to outline the evidentiary tests that must be satisfied to establish misconduct. Although this entails a discussion of competing constitutional rights, an extensive analysis of these rights and freedoms is left to future work. (Contains 20 notes.)