In a recent case, the Human Rights Tribunal of Ontario served clear notice that excluding a student under s. 265(m) of the Education Act, because of behavioural issues arising from the student’s disability, must not offend human rights principles. In R.B. v. Keewatin Patricia District School Board, the Tribunal found that the exclusion of “R.B.” was discriminatory and awarded $30,000 in general damages.
However, this decision does NOT eliminate exclusion as an option in an appropriate case and where the exclusion is implemented in accordance with human rights principles. In this webinar we will discuss the Keewatin Patricia case and how exclusion of a student with violent behaviours which endanger others should be approached in order to minimize human rights issues.