Cases & Decisions

Jackson v Toronto Catholic District School Board et al [Expulsions, Fair Hearing, Right to an Education]

Court: Ontario Divisional Court, 2006

JFCY was granted intervener standing in a judicial review of an expulsion of an 11 year old boy from a Toronto school. This was one of the first cases before the Ontario Divisional Court to address the application of the Safe Schools Act provisions of the Education Act which has led to a significant increase in the number of students expelled from Ontario public schools. At issue are the legal requirements for a fair hearing in an appeal of a limited expulsion by the principal. Justice for Children and Youth also argued that children have a constitutional right to education under s.7 of the Charter. The Court released its judgment on July 17, 2006 and upheld the decision of the Toronto Catholic District School Board.

The African Canadian Legal Clinic, on behalf of the mother of the student sought leave to appeal the decision to the Ontario Court of Appeal, but this was denied.

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