Armitage v Ottawa Carleton District School Board, 2022 HRTO 252

Creed/association; services, goods and facilities

The applicant, a secondary school student, was harassed and assaulted by a fellow student who engaged in anti-Semitic remarks and symbols against applicant. The fellow student was ultimately suspended and later charged under the Youth Criminal Justice Act. However, the respondent school board informed the applicant that the fellow student would be returning to school immediately following his suspension. The applicant withdrew from in-school learning to attend school virtually.

The HRTO agreed that while the student was not of the targeted creed, the fellow student’s remarks and actions engaged discrimination based on creed prohibited under the Code and created a poisoned environment for the applicant.

The HRTO found that the school acted appropriately based on the information available at that time and responded promptly and effectively, but that the school did not fully assess the options relating to the fellow student’s return or consider the impact on the applicant in permitting the fellow student to return to school.

The HRTO awarded the applicant $4,500 in general damages.

CanLii link: Armitage v Ottawa Carleton District School Board, 2022 HRTO 252