HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
AG as represented by his litigation guardian AP
Applicant
-and-
Toronto District School Board
Respondent
DECISION
Adjudicator: Jennifer Khurana
Date: July 12, 2016
Citation: 2016 HRTO 917
Indexed as: AG v Toronto District School Board
APPEARANCES
A.G, as represented by his litigation Guardian A.P, Applicant
Self-represented
Toronto District School Board, Respondent
Gail Geronimo, Counsel
Introduction
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the “Code”), alleging discrimination in the provision of services because of race and colour. The applicant’s mother, who is his litigation guardian, makes this Application on behalf of her son.
2At the time of the Application the applicant was in Grade 1 at an elementary school operated by the respondent Toronto District School Board (“TDSB”). The applicant’s litigation guardian alleges that since her son started attending the school, his teachers and the principal have targeted the applicant and treated him unfairly because of their stereotypical views towards black boys and Caribbean ethnicity. The applicant’s litigation guardian identifies her family as black Jamaican Canadians.
3By Case Assessment Direction (“CAD”), the Tribunal directed that a summary hearing be held to determine whether this Application should be dismissed, in whole or in part, on the basis that there is no reasonable prospect that the Application or part of the Application will succeed. The CAD also advised the parties that it would deal with the respondents’ request to remove the individual respondents.
4For the reasons set out below, I find that the Application must be dismissed on the basis that it has no reasonable prospect of success under the Code. I also