LGBT Rights in Ontario Schools

Scenario:

Mark is a 17 year old student who attends a co-educational high school. Having ‘come-out’ to his school about his sexual orientation, he takes pride in being gay. Yet life hasn’t been so easy for him. Constantly teased by his peers, he feels ostracized by former friends and shunned by his classmates. One day, he finds his locker vandalized and covered in insults. To make matters worse, one of his teachers strongly urges Mark to keep quiet on his identity in order to prevent the escalating reactions. Finding support neither from peers nor a trusted teacher, Mark grows increasingly insecure.

What are Mark’s rights? What can he do?

The rights of LGBT (Lesbian, Gay, Bisexual, Transgender) Canadians are well protected under the Ontario Human Rights Code, as well as under Section 15 of the Canadian Charter of Rights and Freedoms. 

Recently, in June 2012, the Ontario government introduced anti-bullying legislation, known as Bill 13 or the Accepting Schools Acts 2012 that addresses bullying in publicly funded schools. This law came into force in September 2012 and is now valid and enforceable. The Act creates legal obligations for school boards and schools to prevent bullying, issue tougher consequences for bullying, and support students who want to promote understanding and respect for all. The preamble of the law recognizes that:

“[E]veryone — government, educators, school staff, parents, students and the wider community — has a role to play in creating a positive school climate and preventing inappropriate behaviour, such as bullying, sexual assault, gender-based violence and incidents based on homophobia, transphobia or biphobia”

This Act requires all school boards to support students who want to lead activities or organizations that promote the awareness and understanding of and respect for people of all sexual orientations and gender identities, including organizations with the name gay-straight alliance or another name. One important part of the law is that all schools must now allow students to form Gay-Straight-Alliances (GSAs). These groups are geared towards fighting homophobia in schools. They offer support to students who may be dealing with issues and challenges related to their sexual and/or gender identity.

Mark shouldn’t feel as if he can’t express himself. He could go speak to the Principal of his school, another teacher, his parents or someone he trusts. He has rights that should be protected and under the new Accepting Schools Act, must be protected. All students have the right to feel safe and supported in school.

For more information on Bill 13, the Accepting Schools Act: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2549

If you have specific legal questions relating to bullying, please contact JFCY at 416.920.1633

If you are a victim of bullying and need support, check out some of these organizations:

•   Kids Help Phone: www.kidshelpphone.ca 1 800 668 6868

•   LGBT Youth line: www.youthline.ca 1.800.268.9688 

•   Bullying Canada: http://www.bullyingcanada.ca/content/239672 1-877-352-4497  

For more on Gay-Straight Alliances (GSA): http://mygsa.ca

If you want to find out more about bullying and how you can help raise awareness and 

prevent bullying, you can look at some of these websites:

•   Web Aware on www.bewebaware.ca

•   Canadian Safe Schools Network on www.canadiansafeschools.com

•   http://www.definetheline.ca/

•   www.bullying.org

•   www.wiredsafety.org 

•   www.stopcyberbullying.org

The scenario for this post was written by Cydney Kim a JFCY volunteer on the PLE Team.  Cydney is in grade 12 at University of Toronto Schools. The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

Responses to Bullying?

This is an opinion piece by JFCY volunteer Bianca Thomas.  It does not reflect the opinion or position of JFCY as a whole.


Currently, Canadian criminal law, as enshrined in the Criminal Code of Canada, does not include an offence for bullying. While certain types of bullying behaviour, such as harassment and uttering threats, can result in criminal charges, perhaps this is not enough of an effective control on bullying. Given the prevalence of bullying nowadays, some people suggest that it is time for Canada to create an offence for bullying specifically.

This past week, the Globe and Mail released an article saying that the majority of Canadians believe that bullying should be criminalized. According to an Angus Reid online survey, 65% of Canadians believe that bullying should be made a criminal offence, even if no physical violence is involved. Meanwhile, a majority of Canadians think that bullying is a pressing problem in middle school and high school (94%) and elementary school (88%). 

The Ontario government seems to be picking up on public sentiment regarding the issue as it has proposed the Accepting Schools Act. The Act provides for consequences for bullying including suspension pending expulsion, policies on bullying prevention and intervention, and school progress reports. 


One Opinion


While the Act might surely be a step in the right direction, perhaps it is not enough. There remains the problem of cyber-bullying, which according to one bullied student, is “really hard to fight…because you can’t put a face to that person.” Some believe that the best solution would be to criminalize bullying, as it could help discourage people from taking part in bullying behaviour, for fear of criminal penalty.

A Different Opinion


On the other hand, though, criminalizing bullying may be an overly drastic step.  If imprisonment is a potential punishment for bullying, this could lead to a rise in youth imprisonment rates. In any case, it would increase the number of youth involved in the criminal justice system.  This could increase chances of re-offending, instead of allowing youth to fix their behaviour and rehabilitate themselves. Many people would argue that there are better ways to address bullying than punishing it as a crime.  Causing children and youths to enter the criminal justice system at such a young age may already prejudice them early on in life. Such a thing is to be avoided at all costs.

What are your thoughts? Do you think bullying should be made a criminal offence? What are some other ways to address and prevent bullying?


Bianca Thomas, PLE Team member and JFCY volunteer, wrote this blog post. She is a law student at the University of Toronto.