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DK (by her Litigation Guardian) v York Catholic District School Board

JFCY acted as co-counsel with Torys LLP, representing Daria Kandaharian, a high school student who challenged her school board’s policy requiring its student trustees be Roman Catholic.

In their October 6, 2022 decision, the Court found that the school board policy breached the Charter of Rights and Freedoms section that protects individuals from discrimination on a enumerated grounds including religion (s. 15(1)), and was not a reasonable limit that could be justified (under s. 1 of the Charter). The policy was also found to be ultra vires or outside of the jurisdiction granted to the school board under the Education Act.

JFCY is hopeful that this decision will be a precedent that motivates other Catholic school boards in the province with similar policies to pre-emptively review and change their policies in accordance with the court’s conclusions and in promotion of children’s rights.

DK-JFCY factum

Divisional Court decision

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