Methods of Legal Inquiry Writing a Legal Case Brief Mr. Selke | CNL 4U Katusha Saraiva Oct, 11th 2012

Facts In the G.T.A and other parts of Ontario, there is a strong perception that students from certain racial groups as well as those with disabilities are treated more harshly than other students, in the application of discipline for the same offences, based on the “Zero Tolerance” policy.

Issue Are the Ontario Safe Schools Act and Regulations as well as the school boards policies concerning discipline, having a disproportionate impact on racial minority students and students with disabilities?

Arguments Advocates of Zero Tolerance Policies are colorblind and fair, because all students who commit the same offense will be treated exactly the same Policies are in place to maintain safe and violence- free schools Students with disabilities must be accommodated Principles apply discipline objectively The disproportionate impact on minority groups may be the result of certain schools being largely populated by one racial or ethic group

Arguments Opponents Suspensions and expulsions have a disproportionate impact on racial minority and disabled students Black students felt differential treatment regarding disciplinary actions at school compared to white students The demand for services within community legal clinics which serve racial minority has increased since the Act came into effect Children whom grow up poor are more likely to be identified as having behavioral issues Black students are found to be suspended for more subjective offences The Act allows school authority to directly discriminate against disabled students as they can suspend or expel a student for disability related behavior Act does not incorporate Aboriginal perspective

Decision The courts ruled in favor of the opponents to the Ontario Safe Schools Act and Regulations.

Rationale Suggestions for Improvement 1) Gathering and publishing statistics on race and disability dealing with school discipline 2) Removing “Zero Tolerance” policy 3) Having fully funded alternative programs for all suspended and expelled students 4) Requiring schools to accommodate students exhibiting disability- related behavior 5) Training administrators of discipline on racial stereotyping and profiling, cross-cultural differences, accommodating those with disabilities, and understanding the immigrant and refugee experience

Rationale Continued 6) Establish better balance between punishment, and things like conflict resolution, peer mediation, prevention, human rights protection and equity 7) Using in-school suspensions 8) Mandating meditation before a hearing 9) Applying suspensions and expulsions to Aboriginal and black students, individually, but also differently, to account for systematic factors and disproportionally 10) Restoring the community advisor, youth outreach worker, attendance counselor and social worker positions that were cut by the Toronto District School Board

Discussion Questions Is it realistic to try and draw a policy regarding disciplinary action that could apply to all diverse races and ethnicities? And if the principle has the ultimate decision at their discretion, then what is the purpose of these policies? What are some ways to reduce the effects of poverty related to misbehavior in the classroom, so everyone is on equal footing? (i.e. breakfast clubs, subsidized field trips, after school care) and why might these be effective?

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