Lisa Lepine

Following a decision upholding a student's expulsion, the parties engaged in an application before the Human Rights Tribunal of Ontario (HRTO).

The respondent school board sought an order varying the CFSRB's standard confidentiality order to permit the use of records and evidence from the expulsion appeal in the HRTO proceeding.

The CFSRB granted the request, directing that each party is permitted to rely on their own affidavits and exhibits in the HRTO application, provided the pupil's identity continues to be protected.

The appellant appealed the expulsion of her 7-year-old son, who has Autism Spectrum Disorder, from his French immersion school following a physical assault on an educational assistant that resulted in a concussion and PTSD.

The Child and Family Services Review Board considered whether mitigating factors, such as the pupil's inability to control or understand the consequences of his behaviour, rendered the expulsion inappropriate.

The Board found that while the pupil could not control his behaviour, his continuing presence in the school created an unacceptable risk to the safety of staff and students.

The Board confirmed the expulsion, noting that the school board had made extensive efforts to accommodate the pupil and that a fresh start in an English-language program would likely be beneficial.