First edition - Legal updates

School board fined $17000 after lunch supervisor reprimands 7-year-old for his eating habits

Facts

On April 15, 2010, the Quebec Human Rights Tribunal ordered the Margeurite Bourgeoys School Board to pay a parent $17,000.00 in damages.

A lunch supervisor repeatedly criticized how an Ecole LaLande Grade 2 student from the Philippines ate. She took away his fork and a spoon (a traditional Philippine way of eating). She forced him to eat in the 'proper' fashion. It has been suggested that she wrote in her notebook that the student put a mouthful of noodles in his mouth while simultaneously using a fork and a knife. The result is disgusting.

The student's mother spoke with the lunch supervisor and explained that her son observed a traditional Philippine way of eating. The supervisor allegedly responded that this eating method was reprehensible. The student's mother tried to speak with the principal who refused to meet with her but advised they could discuss this matter over the telephone. The mother explained she was concerned with the treatment her son had received and she wrote a letter to the principal setting out her concerns. The principal did not respond to the letter and at one point asked the mother why she was making such a big deal of this matter.

A week later, the student forgot to wash his hands at lunch time. In front of the other students, the lunch room supervisor asked him whether people washed their hands in his country. The student's mother returned to the school for an explanation. In the wake of an animated discussion, the school sent a letter to the mother informing her that she was no longer entitled to enter school property.

Legal issue

The mother filed a human rights complaint on the basis the school board had discriminated against her son because of his ethnicity and origin.

Decision

The school board discriminated against the boy. The Human Rights Tribunal noted the principal had adopted the lunch supervisor's version of events without verifying the factual version presented by the student. The matter should not have escalated to the level it did – the principal should have tried to resolve the conflict more appropriately. The tribunal also ruled the school board did not make sufficient effort to try to resolve the conflict. And ultimately the tribunal held the school board, through the principal and the lunch supervisor, responsible for the student's damages.

This ruling serves as a lesson to schools that they should treat their students and staff in a way which is respectful of their ethnicity.

Gallardo v. Bergeron, 2010 QCTDP 5 (CanLII) (April 15, 2010)

Nova Scotia school boards can discipline naughty trustees

Nova Scotia school boards now have the authority to discipline individual trustees as a result of changes to the Nova Scotia Education Act, introduced in February (French version). The amendments also clarify the minister of education's authority when dealing with trustee conduct.

The new legislation will see trustees take an oath of office agreeing to adhere to a provincially prescribed code of ethics. Individual school boards may add elements to the code of ethics as long as they include the standard items.

Other provisions include:

• setting standard procedures for conducting meetings
• trustees must inform the chair in advance if they wish to leave a meeting, to ensure the board has the proper quorum
• trustees are prohibited from disclosing confidential information

Under the new legislation, school boards now have the authority to censure trustees for violating the board's code of ethics, including suspending a trustee for one to three months or recommending the minister vacate the trustee's seat. A censured trustee does have the right to an appeal.

As in Alberta, Nova Scotia's minister of education retains the ability to replace an entire board. However, the Nova Scotia amendments are arguably more broad than what currently exists in the Alberta School Act, which does not provide for the ability to suspend a trustee from his or her duties for one to three months.

The new legislation also sets out how vacancies will be filled. Seats that become vacant less than six months before a school board election will remain vacant pending the election. Seats that become vacant six months to two years before an election will be filled by an individual appointed by the minister of education, in consultation with the school board. Special elections will be called to fill vacancies that occur more than two years before a school board election.

Now mandatory to report bullying in Ontario

Introduced in February, Ontario's new Keeping Our Kids Safe at School (PDF) legislation requires school staff to report all serious incidents including bullying to the principal; who in turn is required to contact the victim's parents. The first in Canada, this legislation requires school board employees report in writing to their principals incidents that could lead to a student's suspension or expulsion. Principals must contact the parents of victims; and staff, who work directly with students, must respond to incidents that have a negative impact on the school climate.