VI. Disproportionate impact in other jurisdictions
From: The Ontario Safe Schools Act: School discipline and discrimination
From: The Ontario Safe Schools Act: School discipline and discrimination
From: The Ontario Safe Schools Act: School discipline and discrimination
School boards in Ontario do not collect statistics on the race of the students who are suspended and expelled and there are no plans to do so.
From: The Ontario Safe Schools Act: School discipline and discrimination
Nearly all the interviewees identified discrimination – direct and systemic – as the main reason why the application of discipline in schools has a disproportionate impact on racial minority students and students with disabilities. Some interviewees also pointed out that there are multiple and intersecting grounds of discrimination, including race, disability, poverty and immigrant/refugee status.
Many Black students who are suspended or expelled believe that it is because of discrimination:
From: The Ontario Safe Schools Act: School discipline and discrimination
Many interviewees believe that the increased suspension and expulsion of students are having a broad, negative impact on the student, his or her family, the community and society-at-large. The most commonly identified elements are negative psychological impact, loss of education, higher drop-out rates and increased criminalization and anti-social behaviour.
From: The Ontario Safe Schools Act: School discipline and discrimination
The interviewees made a number of recommendations about how to improve the current framework established by the Safe Schools Act or alternatives which would reduce or eliminate the (perceived) disproportionate impact on racial minority students and students with disabilities. The main recommendations, with some further explanation where necessary, are:
From: The Ontario Safe Schools Act: School discipline and discrimination
September 1, 2003 will mark the second anniversary of the enactment of the Safe Schools Act in Ontario. Over the past twenty-two months, school boards have been amending and adopting policies and procedures governing the application of discipline in schools, the number of suspensions and expulsions has increased, and there has been growing concern over the human rights implications of the new regime.
From: Paying the price: The human cost of racial profiling
The Commission’s mandate is set out in the Ontario Human Rights Code (the “Code”), the Ontario law that prohibits discrimination and harassment in several areas including employment, housing and services. The purpose of the Code is explained in its Preamble and is, in essence, to achieve a society that provides equal rights and opportunities to all its citizens in which there exists a climate of mutual respect and understanding for the dignity and worth of each person.
From: Paying the price: The human cost of racial profiling
While many of the existing definitions of racial profiling, primarily originating in the United States, focus on law enforcement, the Ontario Human Rights Commission’s Terms of Reference define racial profiling more broadly to include any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.
From: Paying the price: The human cost of racial profiling
The Commission has consistently stated that the purpose of its racial profiling inquiry is not to prove or disprove the existence of racial profiling. It is the Commission’s view that previous inquiries have considered this and have found that it does occur.
Moreover, as discussed above, racial profiling is a form of racial stereotyping. As racial stereotyping and discrimination exists in society, it also exists in institutions such as law enforcement agencies, the education system, the criminal justice system etc., which are a microcosm of broader society.
From: Paying the price: The human cost of racial profiling
While one of the most common initial responses to racial profiling is a denial that it occurs, there are some who do not deny its existence but rather argue that it does and should occur because it is a useful and appropriate tool to focus limited resources on those who are most likely to be engaged in inappropriate behaviour.