By Neil Armstrong
Photo contributed Althea Coke, a criminal defence lawyer |
Black parents in Peel Region are concerned about how
disciplinary actions in the Peel District School Board (PDSB) are affecting
their children.
Several met on March 7 at Central Peel Secondary School in
Brampton, Ontario to participate in a parent engagement workshop organized by
the parent representatives of the We Rise Together Community Advisory Council.
We Rise Together
is the PDSB’s action plan to identify, understand, minimize and eliminate the
marginalization experienced by Black students in its schools.
Under the theme “Discipline: From Time
Out to Kicked Out,” the parents heard from a panel of experts including
education lawyer, Alex Battick; Abigail Hamilton, executive director of ResQ
Youth; and Althea Coke, a criminal defence lawyer.
Photo contributed Alex Battick, an education lawyer |
The session, which focused on student
progressive discipline, including detentions, suspensions, and expulsions, was
moderated by Knia Singh, a lawyer and community advocate.
The aim was for parents to learn the
process and how to advocate for their children if they have been put out of
class, suspended or expelled.
Singh read from sections 306, 307 and
310 of the Ontario Education Act outlining suspensions and the requirements of
principals, students, parents and guardians.
Hamilton said after a student has been
suspended or expelled a notice must be sent to the parent within 24 hours
informing of the action.
“I know that sometimes in our community
we tend to react towards the child, however, there are certain steps that can
be taken and I would strongly suggest it’s important to do your own
investigation. Talk to your child and find out his side of what happened.”
She also suggested scheduling an appointment
to go to the school to meet with the principal to get all the facts and then
decide on what action to take.
Photo contributed Abigail Hamilton, executive director, ResQ Youth International |
Singh endorsed this approach noting
that, “if you don’t understand the facts, you can’t address the issue.”
Coke said as a criminal lawyer one of
the issues that she comes across is that when police are brought in and the
student is charged, there are instances when the principal or school officials
request a statement from the student.
She said they do not realize that the
student has a right to be silent when faced with criminal offences.
The lawyer noted that there is a
conflict here because while school policies might require that, at the end of
the day charges are under the Youth Criminal Justice Act -- a federal Act that
trumps any other policy or any other legislation of Ontario.
Coke said there are Charter rights;
students have a right to be silent, parents need to be notified as well,
students are presumed to be innocent and they have the right not to make any
statement.
The lawyer said the police or a
principal cannot question a student without their parent being present.
“They have the right to also contact
counsel so they cannot make any statement without the parent or as well
speaking with their lawyer or a lawyer.
Battick said parents are owed
procedural fairness in that they are entitled to be notified that their child
has been suspended and entitled to have an appeal right to challenge the
decision. Parents should also be informed of the timeline that they have to
make an appeal for that suspension.
Hamilton said sometimes principals will
advise parents that it is not necessary for them to go to the school because
they, the principals, will take care of the situation.
“Would that not be considered a
conflict of interest because the principal is the person who obviously called
the police so I would suggest to parents that it is your right to be there and
not to just accept what the principal says,” she said.
Photo contributed Knia Singh, lawyer and community advocate |
Singh recommended that parents be aware
of their rights by reading the Education Act and the school’s policy about
student discipline.
He said from his experience in many
instances the administrations of schools do not inform the parents of their
rights.
Singh said the Education Act only allows
10 days for a parent to submit a request for an appeal.
It was also noted that it is important
for parents to examine their child’s Ontario School Record at the school and
they have the right to ask that certain things be expunged depending on the
nature of it.
Coke said many studies have shown the
existence of the school-to-prison pipeline and the education system is the key
entry point to the criminal justice system.
“When there is an overreliance of
involving the use of suspension and expulsion when there might otherwise be
other ways of addressing it the school-based educational response what that
leads to is to a weakened bond with the student and the school and the
supportive systems in the school. And when you have that weakened bond you run
the risk of students losing interest in school and then there are negative
repercussions from that,” she said.
The panel also underscored the
importance of parents documenting every phone call that they had with every
teacher and principal, what their child told them, and any correspondence to
strengthen their case.