Press Release

October 26, 2005

Egale and GALE BC celebrate safe schools victory

Final victory for bullied student sends message to schools across Canada

Ottawa—Yesterday the Supreme Court of Canada refused leave to appeal to the North Vancouver School Board in the human rights complaint brought by Azmi Jubran. That means the decision of the B.C. Court of Appeal siding with the harassed youth is final and binding. That ruling states that school boards have a duty to make significant efforts to provide students with a “discrimination-free school environment.” It sends a strong message to schools across the country and requires them to take action to address bullying and harassment of lesbian, gay, bi and trans-identified (LGBT) students.

In June 1996, Azmi Jubran, a student in North Vancouver’s Handsworth Secondary School, filed a complaint with the B.C. Human Rights Commission. Year after year, he had been incessantly taunted and teased by his peers, bombarded with homophobic slurs like “gay”, “faggot” and “queer”, punched, pushed and spat upon, and had various objects thrown at him. Azmi wasn’t actually gay, but was harassed as though he was.

The school took disciplinary punishment following each incident, but failed to address the problem in a systemic or pro-active fashion.

The B.C. Human Rights Tribunal initially sided with Azmi and against the School Board. That decision was appealed and overturned by the B.C. Supreme Court because Azmi was not actually gay. On April 6, 2005, the B.C. Court of Appeal reversed the B.C. Supreme Court’s decision and restored the initial decision by the Tribunal. In its decision, the BCCA confirmed that it’s not good enough for school boards to wait for bullying to occur and then discipline the bullies afterward.

“Schools must take action so that they are no longer breeding grounds for intolerance and hatred,” said Gemma Hickey, President of Egale’s Board of Directors. “This court decision underlines the continuing problem of homophobic bullying in schools, its significant and detrimental impact on all students, and the challenges of addressing it. School boards must play an active role in providing a safe learning environment, free from harassment.” In addition to her position as President of Egale, Ms. Hickey is project coordinator for a youth outreach project in Newfoundland and Labrador, aimed at countering the negative messages youth received around sexual orientation and gender identity.

“Canada’s school boards need to sit up and take notice of this precedent setting case,” stated Egale Education Committee Co-chair and B.C. teacher James Chamberlain. “They can no longer ignore the plight of any student who is targeted for harassment based upon their real or perceived sexual orientation or gender identity. If they do so, it will be at their own peril and could involve expensive litigation.”

“School boards need to address bullying when it happens,” said GALE BC’s Steve LeBel. “Whether or not the victimized student is gay is irrelevant.”

“There are school boards in B.C. who are taking action against homophobic and transphobic bullying, notably Vancouver, and also including Victoria and Prince George,” added Mr. LeBel. “People who care about making schools safe should ask school board candidates in the upcoming municipal elections in B.C. about this issue and vote accordingly. It’s time for school board trustees and candidates to speak up about this issue.”

“What happened to Azmi Jubran is deplorable,” said Gilles Marchildon, Executive Director of Egale. “Egale is committed to ensuring school boards across the country take action to provide a safe school environment for all students.”

Egale Canada advances equality and justice for LGBT people, and their families, across Canada. Founded in 1986, Egale has over 4,000 members including people in each and every province and territory of Canada. Its work includes political action, legal interventions and public education and awareness.

GALE BC is a B.C. group advocating for change in the educational system which will result in a positive environment for LGBT people in education, whether they are students, educators or families.

For more info:
Gemma Hickey, President, Egale Canada
Gilles Marchildon, Executive Director, Egale Canada
Laurie Arron, Director of Advocacy, Egale Canada
James Chamberlain, Co-Chair of Education Committee, Egale Canada
Steve LeBel, media spokesperson, GALE BC

The link to the BCCA judgment is http://www.courts.gov.bc.ca/jdb-txt/ca/05/02/2005bcca0201err2.htm.

Egale Canada ©2010

Advancing equality and justice for lesbian, gay, bisexual, and trans-identified people and their families across Canada