The applicants, who identify as atheists, alleged that the respondent school board discriminated against them on the basis of creed by permitting only the Gideons to distribute religious literature (the New Testament) to grade five students.
The Human Rights Tribunal of Ontario held that atheism falls within the definition of 'creed' under the Human Rights Code.
The Tribunal found that the board's original policy, which allowed only one religious group to distribute texts, was discriminatory.
Furthermore, the Tribunal concluded that the board's revised policy, which ostensibly allowed other groups to distribute materials but was applied inconsistently and restrictively, also failed to comply with the Code.
The Tribunal ordered the board to cease distributing religious publications unless it developed a new, non-discriminatory policy.
