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Canada's
Supreme Court
Upholds Tough
Gay Harassment Ruling
by Ben
Thompson 365Gay.com Ottawa Bureau
From the
Web, October 26, 2005
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Ottawa, Oct. 25 -- The Supreme
Court of Canada has declined to hear an appeal of a British Columbia ruling that
said school boards are responsible for preventing homophobic bullying.
The case involved Azmi Jubran who, although not gay, was routinely called
"faggot," "homo" and "gay" while attending Handsworth Secondary in North
Vancouver, from 1993 to 1998.
He had a variety of objects thrown at him and was kicked and spat upon.
Students threatened to drop him in acid and to rape him with a broom. During a
school camping trip his tent was urinated on.
Jubran went to the British Columbia Human Rights Commission. At a tribunal
hearing school principal Terry Shaw testified he had never seen a student
harassed as badly as Jubran was, but with almost 13,000 students and only 70
teachers, he didn't have the resources to stop it.
The tribunal said that school had violated Jubran's rights and ordered the
school board to pay his legal costs and $4,500 in compensation.
The board went to court where the case was dismissed with the judge ruling
Jubran could not sue a school board for homophobic bullying and harassment
because he is straight.
Jubran took the case to the British Columbia Supreme Court which overturned the
lower court ruling. The board subsequently appealed to the Supreme Court
of Canada.
The high court gave no reason for declining the case. The decision allows
the BC Supreme Court ruling to stand.
"I am extremely happy," Jubran told the Vancouver Sun. "Justice has been
served."
LGBT activists said that the ruling is a warning to school boards throughout the
province that they are liable for the conduct of their students.
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