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All 12 of the teachers have filed their applications individually but will be asking the tribunal to hear them together, Kathryn Marshall, the lawyer representing the group, said.DUANE COLE/The Globe and Mail
Eleven Jewish teachers working in Ontario schools and one recently retired Jewish teacher have filed applications with the Ontario Human Rights Tribunal against four school boards and three teachers’ unions over allegations of discrimination.
The teachers say they have experienced numerous antisemitic events that their school boards and unions failed to act on, and even in some instances penalized the teachers for reporting these incidents, Kathryn Marshall, the lawyer representing all 12 applicants, said on Thursday.
One teacher said they experienced a student drawing a swastika on a chart in a classroom and was not punished by the school administration.
A teacher with the Toronto District School Board said she complained to the board after experiencing a swastika being drawn on a desk in her classroom.
Another teacher said they experienced the repeated removal of a Star of David and a cross from a school anti-hate bulletin board.
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Another teacher said they witnessed a group of kids playing a game about Hitler in the schoolyard during recess.
One teacher says she tried to speak out in support of the inclusion of mainstream Jewish organizations and concerns about antisemitism affecting Jewish educators at a union meeting only to be publicly reprimanded by the vice-president of the union.
Complaints about these experiences have been ignored by the school boards and unions, Ms. Marshall said.
“The objective is really to get accountability and institutional change,” she said.
The school boards named in the applications (Toronto District School Board; York Region District School Board; Simcoe County District School Board; and Ottawa-Carleton District School Board) as well as the three unions (Elementary Teachers’ Federation of Ontario; Ontario Secondary School Teachers’ Federation; and Ottawa-Carleton Elementary Teachers’ Federation) will now have the opportunity to provide written responses to the tribunal regarding the allegations.
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A spokesperson for the Elementary Teachers’ Federation of Ontario said the union does not comment on legal matters, including those that are before the Ontario Human Rights Tribunal.
A spokesperson for the York Region District School Board said the board is committed to creating inclusive workplaces for staff but cannot comment on matters before the Human Rights Tribunal.
TDSB spokesperson Ryan Bird said it is the board’s general practice not to comment on active legal proceedings.
“What we can say is that all allegations of antisemitism and other forms of hate brought to the Board’s attention are thoroughly investigated and addressed,” Mr. Bird said in a statement.
“Antisemitism has no place in our communities or schools. The Board has and will continue to work with community groups and agencies to combat antisemitism and to foster inclusive schools and workplaces where students and staff feel safe and welcome.”
The unions are included in the applications because they have a duty of fair representation and to not discriminate against their members, Ms. Marshall said.
“They’re choosing not to advance the teachers’ complaints to the schools,” she said. “If it was a Black teacher and they go to school and there was ‘KKK’ written on the chalkboard, I can’t imagine a scenario where that student wouldn’t be expelled or at least suspended and there wouldn’t be a grievance filed or something coming from the union.”
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All 12 of the teachers have filed their applications individually but will be asking the tribunal to hear them together, Ms. Marshall said.
Each of the 12 is seeking general damages of $150,000 for discrimination, along with compensation for psychological counselling.
As well, they are also asking the tribunal to order the respondents to create policies with the participation and input of Jewish community members of the applicants’ choice to combat antisemitism within the school boards and the unions and for schools to provide an adjudication panel for determining violations of these policies, where Jewish people have to be at least 60 per cent of the members of this group, Ms. Marshall said.
They are also asking the tribunal to order the respondents to adopt the International Holocaust Remembrance Alliance working definition of antisemitism endorsed by the government of Ontario.
Ms. Marshall said she will be seeking an expedited hearing to avoid a lengthy wait at the tribunal because 11 of the teachers are working and still facing discrimination.
“There’s ongoing harm right now that’s happening every day,” she said.