The appellant filed an appeal of his son's expulsion under the Education Act.
The respondent school board argued the CFSRB lacked jurisdiction because it had not formally expelled the student, but rather refused him admission due to an ongoing police investigation into a sexual assault allegation.
The CFSRB found that by refusing the student admission to all of its schools for over 20 days and directing him to a program for suspended and expelled students, the school board had effectively expelled him.
Consequently, the CFSRB determined it had jurisdiction to hear the expulsion appeal.