PEEL BOARD V BW [1987]
On which level of court did this case occur?
Ontario High Court of Justice
What year did the case take place?
2006
In this case, was the appellant's religious freedom violated under s/ 2(a) of the Canadian Charter of Rights and Freedoms?
Yes!
What did the Supreme Court of Canada rule in this case?
Appeal should be allowed
Restore the ruling of the Superior Court of Quebec, allowing Gurbaj to wear his kirpan
For the purposes of policies on bullying prevention and intervention, school boards use a definition of bullying coming from what?
The Education Act
Name the appellants and respondents
Appellants: Robert Keel and John Goldsmith
Respondent: Robert Spence
What level of court was the case heard at?
The Supreme Court of Canada
Did the Court have to make a ruling on s. 15 of the Charter
No, as s. 2 was already violated, so this was not necessary to consider
Could, in this case, the infringement of rights be saved by s.1 of the Charter and why?
No, it cannot as it does not pass all 3 prongs of the Oakes test
Tinker v Des Moines Independent Community School District
In this case, the District Court recognized the teens wearing armbands as symbolic of expressing certain views according to which clause?
Free Speech Clause of the First Amendment
What is being questioned in this case?
The application of s. 38 of the Young Offenders Act to disciplinary proceedings taken by a school board
Who is the appellant and respondent?
Appellant: Mr. Multani (father, representing himself and his son)
Respondent: Commission Scolaire Marguerite Bourgeoys
Alongside the Canadian Charter of Rights and Freedoms, which other Charter was mentioned in this case?
The Quebec Charter
What was the dissenting/minority ruling?
This case is better dealt with using administrative law
Policy Memo 144:
What is the purpose?
To provide direction to school boards in revising policies and guidelines regarding bullying prevention and intervention
What was the judgement?
The mere fact that a student has been charged with an offence does not, by itself, establish a basis for disciplinary action under s. 22 of the Act or justify the peremptory and, indeed, arbitrary action taken by the board and its officials
Summarize the argument Mr. Multani presented
Why would administrative law have to be considered?
Since the case involves an administrative body (the school board)
Alongside Gurbaj's freedom of religion being stripped, and because he was unable to wear his kirpan to school, what other basic right was the child deprived of?
The right to attend a public school
Tinker v Des Moines Independent Community School District
What was the legal question?
Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment?
Why is this case significant?
It shows a value for children's right to safety
Places the law over people's moral decisions
What was Commission Scolaire's argument?
Kirpan should not be allowed as the safety of students must be prioritized
Did the school board believe that some religious practices do not merit the same practice as others?
Yes, the school board did believe this. The Supreme Court ruled that religious practices should be allowed if it does not cause harm
Explain the 3 prongs to the Oakes test, relevant to this case
Passes the 1st prong in that ensuring safety in schools is important
Passes the 2nd prong in that the decision is rationally connected to ensuring safety
Fails the 3rd prong in that the infringement is not of minimal impairment to the child
According to Policy memo 144 what are the characteristics of a positive school climate?
Positive school climate:
All members feeling safe, included, and accepted.
All members of the school community demonstrate respect, fairness, and kindness in their interactions, building healthy relationships that are free from discrimination and harassment.
Students are encouraged and given support to be positive leaders and role models in their school community. Open and ongoing dialogue takes place between the principal, staff members, parents, and students. All partners are actively engaged.
The learning environment, instructional materials, and teaching and assessment strategies reflect the diversity of all learners.
Every student is inspired and given support to succeed in an environment of high expectations.
Bullying prevention and awareness-raising strategies for students and staff are reinforced through curriculum-linked programs.