{"id":10199,"date":"2022-11-22T16:02:43","date_gmt":"2022-11-22T16:02:43","guid":{"rendered":"https:\/\/jfcy.org\/?post_type=jfcy-in-the-courts&#038;p=10199"},"modified":"2025-07-29T13:14:36","modified_gmt":"2025-07-29T17:14:36","slug":"dkvyorkcatholicdsb","status":"publish","type":"jfcy-in-the-courts","link":"https:\/\/jfcy.org\/en\/cases-decisions\/dkvyorkcatholicdsb\/","title":{"rendered":"DK (by her Litigation Guardian) v York Catholic District School Board [Charter challenge to discriminatory school board policy]"},"content":{"rendered":"<p>JFCY acted as co-counsel with Torys LLP, representing Daria Kandaharian, a high school student who challenged her school board\u2019s policy requiring its student trustees be Roman Catholic.<\/p>\n<p>In their October 6, 2022 decision, the Court found that the school board policy breached the <em>Charter<\/em> <em>of Rights and Freedoms <\/em>section that protects individuals from discrimination on a enumerated grounds including religion (s. 15(1))<em>, <\/em>and was not a reasonable limit that could be justified (under s. 1 of the <em>Charter<\/em>). The policy was also found to be <em>ultra vires <\/em>or outside of the jurisdiction granted to the school board under the <em>Education Act. <\/em><\/p>\n<p>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\u2019s conclusions and in promotion of children\u2019s rights.<\/p>\n<p><a href=\"https:\/\/jfcy.org\/wp-content\/uploads\/2022\/11\/DK_Factum.pdf\"><strong>DK-JFCY factum<\/strong><\/a><\/p>\n<p><strong><a href=\"https:\/\/jfcy.org\/wp-content\/uploads\/2022\/11\/DK-2022ONSC4969.pdf\">Divisional Court decision<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>JFCY acted as co-counsel with Torys LLP, representing Daria Kandaharian, a high school student who challenged her school board\u2019s policy&mldr;<\/p>\n","protected":false},"featured_media":0,"template":"","class_list":["post-10199","jfcy-in-the-courts","type-jfcy-in-the-courts","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/jfcy.org\/en\/wp-json\/wp\/v2\/jfcy-in-the-courts\/10199","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jfcy.org\/en\/wp-json\/wp\/v2\/jfcy-in-the-courts"}],"about":[{"href":"https:\/\/jfcy.org\/en\/wp-json\/wp\/v2\/types\/jfcy-in-the-courts"}],"version-history":[{"count":1,"href":"https:\/\/jfcy.org\/en\/wp-json\/wp\/v2\/jfcy-in-the-courts\/10199\/revisions"}],"predecessor-version":[{"id":14732,"href":"https:\/\/jfcy.org\/en\/wp-json\/wp\/v2\/jfcy-in-the-courts\/10199\/revisions\/14732"}],"wp:attachment":[{"href":"https:\/\/jfcy.org\/en\/wp-json\/wp\/v2\/media?parent=10199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}