Allegation Of Discrimination Not Upheld

A recent 87 page decision by the Ontario Human Rights Tribunal in B.C. and Durham Catholic District School Board and B.C. and Durham Regional Police Services Board, [2014] HRTO 42 (CanLII), considered an allegation of discrimination on the basis of race, colour and ethnic origin with respect to an incident of alleged assault and/or bullying resulting in a three day suspension, as well as a charge of assault.   The allegation of discrimination was not upheld against either the Durham Catholic District School Board or Durham Regional Police and its officer.

The incident giving rise to the discipline and the charge of assault occurred on April 10, 2008 when the applicant was 16 years old.  Following interaction between the applicant and the victim, which also involved the applicant's friends, the applicant was suspended for slapping the victim causing the victim's glasses to fall off and break.  The applicant was also charged with assault.  The applicant filed a