Know Your Rights
As a Toronto District School Board (“TDSB”) student, you have rights that stop you from being discriminated against at school based on your sex and gender.
Discrimination can come as comments, actions, or decisions about your sex or gender that make you feel uncomfortable. It can also be policies and rules that knowingly or unknowingly negatively impact some groups of people, while helping others. Giving boys more sports opportunities than girls may be discrimination. Discrimination can be both intentional and unintentional.
If you feel discriminated against, you can take steps to stop the discrimination. The Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code, the Education Act, and specific TDSB policies give you rights.
Click the headings below to further explore these rights.
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What is the Canadian Charter of Rights and Freedoms (“the Charter”)?
The Canadian Charter of Rights and Freedoms is part of the Constitution, which protects important freedoms and many rights, including equality rights.
Section 15 of the Charter says that every person in Canada is equal – no matter their race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. The TDSB must follow the Charter.
What is the Ontario Human Rights Code?
The Ontario Human Rights Code protects the rights of all people in Ontario. The TDSB must respect the rights in the Ontario Human Rights Code.
Students in Ontario have the right to be treated fairly at school, no matter their sex or gender. This means that they cannot be treated unfairly because of gender stereotypes like saying fewer girls should play sports or that girls do not need as many chances to play sports.
What is the Education Act?
All TDSB schools must follow the Education Act. This law states that the TDSB must create a positive school environment that is inclusive and accepting of all students, no matter their sex, gender identity, or gender expression.
The Education Act can require a school board to ensure there are equal chances for girls as boys to play sports (See section 169.1(1)(a.1) of the Education Act). This means that school boards must provide sports opportunities for both boys and girls.
What Do the TDSB Policies Say?
Mission, Values and Goals Policy
The TDSB’s Mission, Values and Goals help create rules and systems to prevent gender discrimination. These policies include important values like respecting student diversity, equity, innovation, accountability, and accessibility.
Human Rights Policy
The TDSB’s Human Rights Policy says that some people in the TDSB community still face exclusion and unfair treatment because of sexism and gender identity. The policy also says that schools must take action to prevent discrimination. This policy helps protect human rights in all learning and working spaces at the TDSB.
This policy does not allow discrimination and harassment and follows the Ontario Human Rights Code, including protections for sex, gender and gender identity.
The TDSB’s Human Rights Policy says that school-related activities, including extra-curricular programs, are part of the workplace. This policy also states that the TDSB will not allow or ignore discrimination. It will take all complaints seriously, teach people about human rights and work to fix environments affected by discrimination.
Equity Policy
The Toronto District School Board (“TDSB”) Equity policy was created to help remove discrimination and promote fairness, equity, acceptance, and inclusion. This policy applies to everyone in the TDSB community, including staff, students, parents and guardians, caregivers, volunteers, contractors, permit-holders, community partners, and visitors.
This policy also highlights the importance of an inclusive curriculum including extracurricular activities like sports. It states that all TDSB students should have equal opportunities to succeed and that the TDSB work to remove barriers to ensure that all students can reach their goals.
What Can I Do if I Feel there are not Equal Sports Opportunities at my School?
If you are being discriminated against, you may feel hurt, scared, and alone. But remember, you are not alone, and that there are steps you can take to stop the discrimination.
Steps You Can Take:
- Talk to your parent or guardian and tell them what is happening.
- Write a diary of what happened and include dates, times, names and a description of what was said or done.
- Work with your school to find a solution. Go to your teacher first, then your vice principal, superintendent or other TDSB official until you can find a solution. TDSB supervisors must share complaints against the school administration with the TDSB’s Human Rights Office.
- File a complaint against the TDSB with the Ontario Ombudsman who can review this complaint.
- File a complaint with the Ontario Human Rights Commission.
- File a discrimination and harassment claim with the Human Rights Tribunal of Ontario (HRTO).
Did you know? The Ontario Human Rights Code protects you from being treated badly or differently because you reported discrimination.
What Will the TDSB Do If Discrimination Happens?
The TDSB has clear steps for school staff to follow to understand, address, and stop discrimination at school.
When you report discrimination, all TDSB staff must::
- Stop, name, and report the discrimination.
- Take actions which includes:
- Provide support for affected students to ensure their safety and well- being. This may include help from guidance counsellors, social workers or other school or community counselling services.
- Hold people responsible for their actions. Write down and report what happened.
- Find ways to prevent discrimination from happening again at school.