M.W. v. Peel District School Board, 2010 HRTO 1366

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

M.W.

Applicant

-and-

Peel District School Board and Sandra Dussiaume

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: June 16, 2010

Citation: 2010 HRTO 1366

Indexed as: M.W. v. Peel District School Board

1This is an Application filed on October 27, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The applicant, a student, alleges that she was discriminated against on the grounds of race, colour, ancestry, ethnic origin and sex as well as reprisal under the Code, while she was attending a secondary school in the Peel District School Board (the “Board”).

2The Application was filed by the applicant’s mother as her Next Friend. The applicant has filed a Request for an Order During Proceedings. She seeks anonymization of her name in any communication by or with the Tribunal about her Application. Further, she asks that her Next Friend be removed, on the basis that she turned 18 years old in March 2010, following the filing of the Application.

3The respondents do not object to the applicant’s requests.

4In support of the request for anonymization, the applicant states that she has moved to a new school and is functioning well in her new environment. Her fellow students are unaware of incidents that took place at her previous school, which are the subject of the Application. The applicant states that there is a stigma that could arise from publicity about the fact that a legal proceeding has been commenced on her behalf with respect to suspensions and other discipline at her previous school. Until now, the applicant’s mother has been primarily responsible for decision-making on her behalf with respect to the Application.

5The applicant’s request is supported by other decisions of the Tribunal granting requests to anonymize the identity of minors in Tribunal decisions and correspondence: see for example, C.M. v. York Region District School Board, 2009 HRTO 735. The principles there apply to this case, notwithstanding the fact that the applicant has now reached the age of majority. The Tribunal will accordingly refer to the applicant by her initials in its correspondence on the Application, including any decisions.

6The applicant’s request for removal of her Next Friend is also granted.

7I am not seized of this matter.