Canadian Court Rules
Schools Responsible
For Combating
Homophobia
by Rich Peters,
365Gay.com from the Web, October 26, 2005
Vancouver, British Columbia,
Apr. 8 -- British Columbia's highest court has overturned a lower court ruling
that said a student could not sue a school board for homophobic bullying and
harassment because he is straight.
The B.C. Supreme Court said that Azmi Jubran had been the victim of anti-gay
bullying for five years and that Handsworth secondary school in North Vancouver
failed to stop the homophobic taunts of other students. It also reinstated
a $4,500 award set by a human rights tribunal and later quashed by a lower
court.
The lower court had dismissed Jubran's allegations that he had been subjected to
harassment on the basis of sexuality despite testimony he was routinely called
"faggot," "homo" and "gay" while attending Handsworth Secondary 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.
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 completely.
In its decision the lower court said that because Jubran was not gay he could
not claim he had been harmed by homophobia. The ruling outraged LGBT
activists.
In overturning the decision the provincial Supreme Court said the lower court
had erred and there was no question that Jubran was discriminated against on the
grounds of sexual orientation.
The ruling was also a warning to school boards throughout the province that they
are liable for the conduct of their students.
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