Dreams Delayed: Addressing Systemic Anti-Black Racism and Discrimination in Ontario’s Public Education System

Chapter 1: Introduction

1.1 The Black Population in Canada and Ontario

Black people were forcibly brought to North America, including Canada, as part of the Trans-Atlantic Slave Trade. The purpose was to fulfill the colonists desire for free labour to increase personal wealth and help swell colonial economic enterprise. That was predicated on the dehumanization of Black people, treating them as property. The purchase and sale of Black people, along with the systemic violence inflicted by slavery, built and entrenched racist stereotypes that persist to this day.[4]

The story of Black people in Canada spans more than 400 years. It includes slavery, pioneering, urban growth, segregation, the civil rights movement, and civic engagement. Black communities are intersectional and diasporic, comprising individuals with diverse experiences, identities, and histories. They are an essential part of Canada’s population, contributing as citizens, voters, and key drivers of communities and the economy. Addressing anti-Black racism and discrimination is not only an ethical and legal imperative but also essential to fostering a healthy and prosperous society.

Documented evidence of anti-Black racism in Ontario’s education system dates as far back as 1850 when Egerton Ryerson, well known for his role in the establishment of residential schools in Canada, also advanced amendments to the Common School Act which allowed for racially segregated schools.[5] Historian Robin Winks wrote:

“The Negro schools lacked competent teachers, and attendance was highly irregular and unenforced. Many schools met for only three months in the year or closed entirely. Most had no library of any kind. In some districts, school taxes were collected from Negro residents to support the [white] common school from which their children were barred…. The education received…could hardly have been regarded as equal.”[6]

The effects of these forms of oppression continue today, and Black communities experience ongoing discrimination, social-economic inequalities, overrepresentation in the child welfare and criminal justice systems, and hatred.[7] Statistics Canada data from 2021 to 2022 shows that reported hate crimes targeting the Black population were up 28 percent.[8]

The Black population is diverse and growing

Canada’s Black population continues to increase steadily. According to Statistics Canada’s 2021 Census, over 1.5 million[9] Canadians reported being Black or of African descent, representing 4.3 per cent of the country’s total population and 16.1 per cent of the racialized population.[10] Projections by Statistics Canada estimate that the Black Canadian population could double in size from 1.5 million in 2021 to over 3.0 million in 2041.[11]

Statistics Canada also reported that the Black population was younger than the total population in Canada. The median age for the Black population was 30.2 years, while it was 41.2 years for the total population.[12] Children under 15 years old represented 26 per cent of the Black population and represented 16.5 per cent of the total population.[13]

Black students are not a monolithic group - they are 2SLGBTQQIA+, religiously diverse, individuals with disabilities - amongst many other identities, including other Code grounds, and will have different experiences of discrimination and racism based on their unique, multiple identities.

Black Canadians in Ontario

As shown in Table 1 of the Appendix, Statistics Canada reported that Ontario had the largest Black Canadian population of all the provinces and territories with almost fifty per cent (49.7%) of all Black Canadians living there. The population of Black Ontarians grew 22.5 per cent (141,025) since the 2016 census[14] and made up a slightly larger proportion of Ontario’s population (5.5%) than they did of any other provincial/territory population.

Statistics Canada’s 2021 Census shows that the Black population in Ontario has over 300 different ethnic or cultural origins, with over 41 per cent being born in Ontario. Fifty-five (55.5 %) per cent of the Black population is born outside of Canada, with large diasporas from Jamaica, Nigeria, and other African and Caribbean nations (see Table 4 in Appendix E). Ontario’s Black population have diverse religious affiliations, including Christianity, Islam or no religious affiliation.[15]

Although the Black population made up only 5.5% of Ontario’s total population, it represents thirty per cent of Ontario’s Francophone population (see Table 5).

The 2021 Census show that 12,020 Black individuals in Ontario (2% of the Black population over the age of 15) held a degree in education - the majority were Black women (73.5%) (see Table 6). The Census also shows that almost forty-six percent (45.7%) of Black Ontarians over the age of 15 did not have a post-secondary certificate, diploma or degree, which was slightly higher than the 42.5% of the general population without post-secondary credentials.[16] Despite only representing 5 per cent of the total population over the age of fifteen, a higher proportion of Black Ontarians (5.36%) did not have post-secondary credentials and 5.4% did not have secondary (high) school diploma or equivalency certificate.[17] This suggests that the Black population in Ontario faces educational gaps or barriers that must be addressed.

The largest proportion live in the Toronto Census Metropolitan Area (CMA)

Table 7 of the Appendix highlights the population of Black Canadians in Ontario by census metropolitan areas (CMA[18]), as well as the proportion of the population they represented. A majority (64 per cent) of the province’s 768,740 Black population lives in the Toronto CMA, an area comprised of many cities[19], towns[20] and townships[21] within the Golden Horseshoe.

The remaining 36 per cent of the Black population can be found in all regions across Ontario. This indicates that Black families are found in almost every school board district in Ontario; therefore, recommendations to address anti-Black racism and discrimination must be adopted province-wide. 

1.2 The right to an education requires addressing anti-Black racism and discrimination

What is Anti-Black racism? 
“Prejudice, attitudes, beliefs, stereotyping, and discrimination that is directed at people of African descent and rooted in their unique history and experience of enslavement and its legacy. Anti-Black racism is deeply entrenched in Canadian institutions, policies, and practices, to the extent that it is either functionally normalized or rendered invisible to the larger White society. Anti-Black racism is manifest in the current social, economic, and political marginalization of African Canadians, which includes unequal opportunities, lower socio-economic status, higher unemployment, significant poverty rates, and overrepresentation in the criminal justice system.”[22]

As noted earlier, anti-Black racism in Canada stems from the Trans-Atlantic Slave Trade and continues to negatively impact Black people regardless of origin.[23]

Black communities have been highlighting issues of anti-Black racism and discrimination in education for decades, consistently calling for action to address systemic anti-Black racism. On March 28, 2023, the OHRC announced an initiative to address anti-Black racism and discrimination in the publicly funded education system (English public, English Catholic, French public, and French Catholic) in support of these longstanding calls. Research, roundtables, key informant interviews, written submissions and province-wide consultations reaffirmed the entrenched long legacy of anti-Black racism in the education system with multiple reports and hundreds of recommendations going as far back as 1948. Despite this long history of work by Black community advocates, academics and education professionals, Ontario’s education system does not consistently provide a learning and working environment for Black students, educators and professionals free from discrimination and harassment. Many duty-holders acknowledge the need to address anti-Black racism, however there is a generalized lack of skill and commitment and sustained action by leaders and staff in education to make the necessary cultural and institutional changes to address the discrimination faced by Black students and staff.

During consultations, the OHRC heard personal and unique experiences of anti-Black discrimination, which were consistent with historic reports of discrimination.[24] The OHRC heard about Black students being regularly exposed to racial slurs, being harassed based on their physical characteristics, or not feeling safe or supported to express their cultures. Culture shapes identity but students spoke about their experiences of discrimination based on racialization.

The OHRC also heard about Black educators experiencing burnout due to harassment and discrimination at all levels, the inability to advance professionally and leaving the education sector.

These forms of the systemic anti-Black discrimination in the education system must be immediately addressed.

The education system has developed some general approaches and mechanisms to counter discrimination, including anti-Black discrimination, such as human rights offices, complaints processes and equality initiatives. Many educators and administrators[25] are taking steps to support Black students learning in an environment free from discrimination and harassment. The OHRC commends the professionals who continue to do this work, often with insufficient and inconsistent resources and support from school leaders, administrators, unions, school boards, trustees, or the Ministry of Education.

However, given the history of anti-Black racism, further sustained, focused and intentional efforts are needed to address the entrenched nature of anti-Black discrimination. This requires leadership, ongoing commitment to positive outcomes, and sustained action from all duty-holders to ensure that Black students can learn in a discrimination-free learning environment.

Chapter 2: Scope and Purpose of Action Plan

In this Action Plan, the OHRC has examined the right of Black students to receive an education free from discrimination and harassment because of their race, ancestry, colour, and ethnic origin. The Action Plan deals with issues that fall within the OHRC’s authority under the Code to protect human rights in Ontario and to identify and promote the elimination of discriminatory practices, which includes systemic discrimination.

This Action Plan builds on preceding and existing initiatives, including ones led by community organizations, advocates, unions, and the Ministry of Education, to address discrimination in education. The OHRC is committed to addressing the needs of Black students through this Action Plan and ongoing monitoring and evaluation as one step towards promoting a human rights culture in Ontario and fostering a more inclusive education system for all.

The OHRC acknowledges that this report will replicate some previous work because of the many recommendations from previous reports which remain unimplemented. The OHRC aims to bring a human rights perspective to this longstanding issue and provide constructive and actionable paths towards fulfilling the right to education for Black students.

The Action Plan focuses on the publicly funded education system from kindergarten to Grade 12 (K to 12) and does not encompass other educational sectors such as post-secondary institutions or early childhood learning. This distinction ensures a targeted approach to addressing systemic issues within the K to 12 system.

The OHRC has not reviewed all Ministry of Education and school board policies pertaining to human rights, anti-Black racism or equity, diversity, and inclusion (EDI), nor all documents related to the history of anti-Black racism and discrimination in education. A detailed discussion of all manifestations of racism in Canadian society or Ontario is beyond the scope of this Action Plan. There are many documents and reports dedicated to specific issues of racism in Canada and in Ontario, such as the Report of the Commission on Systemic Racism in the Ontario Criminal Justice System, Unequal Access: A Canadian Profile of Racial Differences in Education, Employment and Income and the OHRC’s Report Paying the Price: The Human Cost of Racial Profiling. The historic origins of anti-Black racism in New France, British North America, Upper Canada and Ontario are equally well-documented, and are rooted in the trans-Atlantic slave trade and the institution of slavery practiced throughout British North America.[26]

For an extensive list of recommendations from community reports, please see the OHRC’s Compendium of Recommendations. For other OHRC reports, please see Appendix K.

While the focus of this Action Plan is on Black students, educators, and educational workers in the education system, the OHRC acknowledges that students protected under various Code grounds, including disability, sexual orientation and gender identity, race, and creed, experience disadvantage in the education system.

The OHRC’s extensive work over the past 20 years to redress systemic anti-Black racism has consistently revealed that disparities in education outcomes for young Black people interact with and compound systemic discrimination in other areas such as child welfare, policing, health and well-being, and employment. While these are outside the scope of the present Action Plan, we note them in recognition of the complex and multi-layered experience of discrimination based on race lived by Black children and youth across systems.

The OHRC acknowledges the disproportionate onus on and “consultation fatigue” of Black students, families, community members and educators to advocate for change within the system to create a discrimination free environment. Many Black students, families and educators who engaged with the OHRC during consultations expressed frustration about being part of similar discussions in the past without seeing meaningful change. As one participant stated, "I had this same conversation about data collection five years ago at another consultation…".[27]

This Action Plan intends to clarify the relationship between the findings and the calls to action in the plan and the OHRC’s human rights policy framework. OHRC policies set standards for individuals, employers, service providers, and policymakers to ensure compliance with human rights obligations. The Human Rights Tribunal of Ontario (HRTO) must consider OHRC policies when requested during proceedings. The OHRC can also challenge HRTO decisions or court orders that are inconsistent with OHRC policies to ensure that human rights principles remain central in shaping jurisprudence. OHRC policies have also factored into decisions of the Superior Court[28] and the Supreme Court[29] and given great deference by courts and the HRTO.[30] This legal weight amplifies the potential of this Action Plan to influence systemic change in education.[31] By contextualizing the experiences of systemic racial discrimination of Black students and educators throughout Ontario’s public education system, the OHRC aims to provide greater clarity about the work that must be done and the outcomes that must be achieved for all duty-holders to be in compliance with the Code obligations.

Chapter 3: Education and Human Rights

Equal access to education is a human right guaranteed under the Code,[32] the Canadian Charter of Rights and Freedoms[33] (Charter), and international law.[34]

This section of the Action Plan provides a summary of legal frameworks, legislation, including the Human Rights Code which govern the obligations of all duty-holders, the rights of students[35] and employees in Ontario’s publicly funded education system, and the roles of parents,[36] community groups, and advocates.

The Preamble of the Human Rights Code states:

“And whereas it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province;”.

3.1 International Law

International human rights law provides foundational principles and obligations for Member States to respect. The United Nations (UN) acknowledge the importance of education for its significance in human development and collective growth, and as vital for realizing other rights and freedoms.[37]

Article 26 of the Universal Declaration of Human Rights [38] (UDHR) states that “everyone has the right to education”[39] and that the goal of education is directed “to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. [Education] shall promote understanding, tolerance and friendship among all nations, racial or religious groups.”[40]

The UN states that education is “both a human right in itself and an indispensable means of realizing other rights” in two international covenants: the International Covenant on Civil and Political Rights[41] (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).[42]

The ICESCR and other human rights instruments[43] elaborate on the UDHR and underscore the role of education in fostering a person’s capabilities, sense of dignity and self-worth so they can actively take part in and meaningfully contribute to society.[44]

Education is essential to one’s personal, social and economic development, and vital to their ability to contribute to the well-being of their community. To realize this vision, all students must have equal access to a meaningful education. In Ontario, education partners each have their own distinct responsibilities to ensure this reality for all students.[45]

3.2 Canadian Charter of Rights and Freedoms

The Charter is one part of the Canadian Constitution which takes primacy over all other laws in Canada. It guarantees certain civil, political and equality rights in the policies, practices, and legislation of all levels of government. The Charter applies to all publicly funded organizations, including schools. While human rights legislation in Canada is considered quasi-constitutional, it is subject to and must be considered in light of the Charter.[46]

Section 15 of the Charter states that “[e]very individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”[47] The Supreme Court of Canada (SCC) has consistently interpreted the equality rights guaranteed in section 15 of the Charter as “protecting substantive equality.”[48] Substantive equality is a view of equality “in which it is understood that differential treatment may be necessary in order to avoid perpetuating systemic disadvantages.”[49] The principle of substantive equality means government must focus on equal outcomes by considering the impact a law has on different groups. Governments must acknowledge and address systemic barriers that lead to inequality.

3.3 The Ontario Human Rights Code (the Code)

Except for the Constitution and federal treaties, the Ontario Human Rights Code has primacy—or takes precedence—over all other legislation in Ontario unless that legislation specifically states that the Code does not apply [50]. This means, for example, where the Education Act conflicts with the Code, the Code prevails unless the other law includes a specific exception. It is not enough for education providers to do what is required under the Education Act. They must also comply with the requirements of the Code, which may mean doing more than what is required under the Education Act.

The Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.

The Code protects every person from discrimination and harassment based on 17 protected grounds in the five social areas of services, housing, contracts, employment and membership in unions and vocational associations.

Under section 1 of the Code, every person, including a student, has a right to be free from racial discrimination in the provision of any services, whether they are provided by a public or private body. Education is a public service. The Code protects students from discrimination and harassment in education based on their race, and other prohibited grounds such as disability, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity and gender expression.[51]

Race and racism

Race is not defined in the Code. Historically, race was defined as a natural or biological division of the human species based on physical distinctions including skin colour and other bodily features. There is no legitimate scientific basis for racial classification. While biological notions of race have been discredited, the social construction of race remains a potent force in society.[52]

Racism is a wider social phenomenon than racial discrimination. Racism encompasses attitudes and behaviours that fall under the Code when they constitute discrimination.

At the individual level, racism can manifest overtly or through everyday interactions, and is often referred to as “everyday racism.” This form of racism can be subtle yet significant to those who experience it. While everyday racism may be too subtle to address through a human rights complaints process, there may be circumstances where everyday racism, as part of a broader context, is sufficient to be considered racial discrimination. Likewise, some experiences of discrimination based on multiple Code grounds may not obviously centre race, leading to doubts about the veracity of claims of racism occurring, including in the minds of the person affected. However, the cumulative effect of these everyday experiences is profound.

At the institutional or systemic level, racism is evident in organizational and government policies, practices, and procedures and “normal ways of doing things” which may directly or indirectly, consciously or unwittingly, promote, sustain, or entrench differential advantage for some people and disadvantage for others.

At a societal level, racism is evident in cultural and ideological expressions that underlie and sustain dominant values and beliefs. It is evident in a range of concepts, ideas, images, and institutions that provide the framework of interpretation and meaning for racialized thought in society. This form of racism is communicated and reproduced through socialization and cultural transmission, such as the mass media (where racialized persons are often portrayed as different from the norm or as problems), schools, universities, religious doctrines and practices, art, music, and literature. Children begin to absorb these beliefs and values at an early age which perpetuates societal racism.

As noted, anti-Black racism in Ontario has specific historical roots in European colonialism and the trans-Atlantic slave trade, in which humans were treated as saleable goods in the triangular trade between Europe, Africa and the Americas. Anti-Black racism has been manifested in the legacy of the current social, economic, and political marginalization of African Canadians in society, such as the lack of opportunities, lower socio-economic status, higher unemployment, significant poverty rates, and overrepresentation in the criminal justice system. Across North America, including in Ontario, this has led to systemic anti-Black racism being embedded in power structures which perpetuate advantages for people of European descent, such as curriculum focused exclusively on European history, or setting aside the scientific or literary contributions of those not of European descent.

While the Code explicitly prohibits racial discrimination in all legal contexts, racism and racial discrimination remain widespread and even socially accepted among many people and in the culture of most institutions.

Discrimination and racial discrimination

As with racism, discrimination is often subtle and may take different forms. It may be direct, for example, some students receive worse treatment than others because of race and/or another Code ground, or indirect. Section 9 of the Code prohibits both direct and indirect discrimination.

Discrimination may be specific or adverse. Adverse discrimination (also called constructive discrimination) happens when requirements, policies, standards, qualifications, rules, or factors that may appear neutral, have a negative effect on persons based on a prohibited ground of discrimination.

Discrimination can also be systemic[53] or institutionalized. This type of discrimination includes attitudes, patterns of behaviour, policies or practices within an institution or sector that create or perpetuate a position of relative disadvantage for persons based on Code grounds.

The OHRC’s Policy and Guidelines on Racism and Racial Discrimination (2005) states that it is “not necessary for language or comments related to race to be present in the interactions between the parties to demonstrate that racial discrimination has occurred. However, where such comments are made, they can be further evidence that race has been a factor in an individual’s treatment. Similarly, negative comments made about an individual advocating for human rights or equitable practices will tend to support an inference that race is a factor in an individual’s or organization’s interaction with that individual.”[54]

For example, the HRTO case of Nelson vs Durham Board of Education, illustrates how systemic racism and subtle racial comments can intersect to create barriers for Black educators. The HRTO found that Mr. Nelson, a Black Vice Principal, faced systemic and direct racial discrimination in his attempts to be promoted to principal. The HRTO also found that,

“…irrelevant references to the race of [Mr. Nelson] and a Black teacher by management staff during interviews and/or discussions about transfer opportunities as well as admonishments to Black teachers who advocated for equitable practices ‘not to expect things to change overnight’ supported an inference that transfer and promotion decisions were influenced by considerations of race.”[55]

Discrimination on multiple Code-grounds (Intersectionality)

Discrimination may be intersectional when it occurs based on two or more Code grounds. For example, students who identify based on more than one Code ground can experience discrimination in unique and compounded ways because of how their identities intersect.[56]

The concept of ‘intersectionality’ has been defined as “intersectional oppression [that] arises out of the combination of various oppressions which, together, produce something unique and distinct from any one form of discrimination standing alone....”[57] An intersectional approach considers historical, social and political contexts and recognizes the unique experience of individuals based on the intersection of all relevant grounds.[58]

Applying an intersectional or contextualized approach to multiple grounds of discrimination has numerous advantages. It acknowledges the complexity of how people experience discrimination, recognizes that such experiences may be unique, and considers the social and historical contexts of the group. It places the focus on society’s response to the individual, as a result of the confluence of grounds, and does not require the person to slot themselves into rigid compartments or categories.

In Egan v Canada[59] former SCC Justice L’Heureux-Dubé observed in her dissenting opinion that “More often than not, disadvantage arises from the way in which society treats particular individuals, rather than from any characteristic inherent in those individuals.”[60] L’Heureux-Dubé J., reiterated that categories of discrimination cannot be reduced to watertight compartments, but rather will often overlap in significant measure.[61] In Corbiere v Canada,[62] Justice L’Heureux-Dubé further articulated the notion of intersecting grounds of discrimination, holding that “Aboriginal women… can be said to be doubly disadvantaged on the basis of both sex and race.”[63] [Emphasis Added.]

The HRTO has also stated that individuals with “multiple/intersecting social identities may be particularly vulnerable.”[64]

For instance, Black students with disabilities may face distinct disadvantages in education. They could be streamed into specific programs based on stereotypical assumptions about their abilities, reflecting biases tied to both their race and disability.[65]

Similarly, in policing, there is also a socially significant intersection between race and mental health that may affect officer decisions about use of force. There are stereotypes about Black people regarding violence and criminality, and concerns that police are more likely to use force in their interactions with Black people. Furthermore, people with mental health disabilities may be more likely to be subject to officer use of force because of responses to police instructions or behaviours that may seem unusual, unpredictable or inappropriate, or due to police reliance on stereotypical assumptions about dangerousness or violence.[66]

Addressing such instances requires an understanding of how racism and ableism, or racism and mental health co-construct one another to create unique barriers, and thus requires an understanding of multiple forms of oppression.

Harassment and racial harassment

The public education system is mandated to maintain a safe learning environment for all students, including Black students; part of a safe learning environment includes addressing bullying and harassing behaviour.[67] The Code defines harassment as “engaging in a course[68] of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcomed.”[69] [70]

Black students have the right to be free from harassment in education. When a Black student or educator is harassed based on race in the education system, it is a form of discrimination and is therefore prohibited.[71] The duty to prevent harassment lies with:

1. Educators or education workers who harass students based on a Code ground.
2. Educators or education workers who know or ought to know that a student is being harassed based on Code grounds, and who do not take effective individualized and systemic steps to remedy the harassment.

Harassment, including bullying is increasingly occurring through online technology, including text messaging, social media (e.g., TikTok, Snapchat, X, WhatsApp, Instagram, etc.), and email.[72] Duty-holders in the education system who do not address Code-related harassment when they occur, could be held liable for creating or allowing a poisoned environment for anyone subjected to such harassment.[73]

Tribunals have accepted the negative impact that racial slurs have on racialized persons. Specifically, tribunals have recognised that when white people in positions of power directly or indirectly use racist language, visuals, or objects to insult Black or other racialized individuals, they reinforce historical belief that white people are superior to other races[74] and normalize racist speech and conduct in the institution.

The following types of behaviours would, in most instances, be considered harassment, regardless of intent:

• racial epithets, slurs or jokes[75] [76]
• being subjected to racial name calling or nicknames[77]
• racial cartoons or graffiti[78]
• comments ridiculing individuals because of race-related characteristics, religious dress, and/or hair styles for example
• singling out an individual for teasing or jokes related to race, ancestry, place of origin or ethnic origin
• being subjected to inappropriate references to racist organizations
• circulating racially offensive media, jokes, pictures or cartoons by text messages, group chats, emails, Direct messages or having a racially offensive screensaver or background on mobile devices[79]

The HRTO has determined that a person does not have to object to the harassment at the time it occurs for a violation of the Code to exist.[80] A Black student or educator who experiences harassment may be in a vulnerable state or may choose to internalize the effects of the harassment because they are afraid of the consequences for speaking out at the time. Duty-holders have an obligation to maintain an environment that is free from discrimination and harassment, even if no one objects.[81]

Poisoned environment

While the Code defines harassment as "a course of vexatious comment or conduct…,” one comment or incident, if sufficiently serious or substantial, could amount to creating a poisoned environment. A poisoned environment is “based on the nature of the comments or conduct and the impact of these on an individual rather than on the number of times the behaviour occurs.”[82]

A poisoned environment can arise in the context of educational services. Schools have a duty to actively maintain a positive non-discriminatory learning environment. Students are entitled to be free from a poisoned educational environment created either by inappropriate behaviour of an educator or education worker or by another student. The behaviour does not need to be directed at any individual to create a poisoned environment, and a person can experience a poisoned environment even if they are not a member of the affected group.

Educators or education workers have a responsibility to take immediate steps to intervene in situations where racial teasing, bullying or harassment may be taking place.

3.4 Education Act

International human rights law on education has influenced both federal and provincial human rights laws, as well as Ontario’s Education Act. The Education Act is the primary legislation that governs education in Ontario,[83] and it establishes the framework for the organization, governance, and operation of publicly funded schools. The Education Act states:

“A strong public education system is the foundation of a prosperous, caring and civil society.”[84]

and,

"The purpose of education is to provide students with the opportunity to realize their potential and develop into highly skilled, knowledgeable, caring citizens who contribute to their society.”[85]

The Education Act and its accompanying regulations[86] set out the duties and responsibilities of different education partners. The Education Act states that all partners in the education sector, including the Minister, the Ministry of Education and school boards, have a role to play in enhancing student achievement and well-being, closing gaps in student achievement and maintaining confidence in the province’s publicly funded education system.[87]

Chapter 4: Systemic Anti-Black Discrimination in Education

Systemic racial discrimination in Canada and Ontario is indisputable. Black and other racialized persons experience disproportionate poverty, over-representation in child welfare and in the prison population, and under-representation in key sectors of society such as politics, administration, economics, and media institutions. They also face barriers to accessing employment, housing, and healthcare, among other challenges. Canadian courts and Canadian law have long recognized the manifestation of anti-Black racism and discrimination.[88]

4.1 The Current State of Anti-Black Discrimination in Education

The structural and systemic anti-Black racism embedded in the education system has sustained unchecked anti-Black discrimination that the Black community has complained about and reported on for decades.

The OHRC Compendium of Recommendations outlines a non-exhaustive list of reports and recommendations on addressing anti-Black racism in education in Ontario dating back to 1948. The Compendium confirms that systemic discrimination against Black students is long-standing and continues. The OHRC’s What We Heard Report highlights the breadth, depth, severity, and regularity of systemic racism Black students, educators, and administrators experience in school boards across Ontario, a crisis which impacts the right to education in Ontario.

Black students and their families continue to face obstacles, barriers, disadvantages and reduced potential because of discrimination. Education is meant to foster growth, creativity and innovation – to prepare students to contribute to society. When the education system fails Black students, it fails all Ontarians in missing out on the maximum economic, political and social contributions of this important segment of society.

Societal Challenges Impacting Black Students in Education

The COVID-19 pandemic exacerbated various social challenges, such as food security, housing precarity, rising income inequality, unequal health status, unequal access to mental health supports, vulnerability to the impacts of climate change and intimate partner violence. However, the COVID-19 pandemic also revealed the extent to which these inequalities already existed, with the result that Black populations suffered disproportionate rates of illness and death in Ontario. Statistics from Ontario and the Greater Toronto Area (GTA) demonstrated that COVID-19 disproportionately impacted historically marginalized groups, particularly low-income and racialized communities.[89] [90] [91] Early reporting revealed that racialized groups, comprising just over half the population, accounted for 83 per cent of reported COVID-19 cases in Toronto.[92] These groups also faced worse health outcomes, including higher mortality rates.

Evidence indicates that racialized individuals, including Black students, experienced significant mental health impacts during the pandemic.[93] Statistics Canada[94] found that racialized Canadians reported poorer mental health outcomes than their non-racialized counterparts, underscoring the intersection of systemic racism and health inequities. These challenges continue to have a disproportionate impact on racialized communities, including Black students, educators, and administrators.

The Ministry of Education must support educators, administrators, and school boards with adequate resources to mitigate the impact of inequalities on Black students and families within the school communities. This could include improved school food programs, increased accessible and culturally relevant after school activities, increased mental health supports and applying a more inclusive approach to education services that supports Black students’ unique intersectional identities.

During consultations, the OHRC heard from educators and administrators about concerns over large classroom sizes, increased stresses, and increased workloads due to expansion of their duties beyond their regular teaching and administration responsibilities which has led to attrition of qualified professionals. The People for Education’s 2023-24 Annual Ontario School Survey highlighted the ongoing staff shortages as a daily challenge for many schools in Ontario, noting the increased reliance on unqualified educators to fill critical gaps [95].

Duty-Holders’ Obligations in Addressing Systemic Discrimination

Education providers have a positive obligation to make sure they are not engaging in systemic or institutional discrimination. This obligation exists even if no complaints have been filed. Duty-holders must actively assess and plan to mitigate discriminatory practices to foster a discrimination-free learning and working environment.

Our consultations in community pointed to inconsistent monitoring of and accountability for meeting human rights obligations in Faculties of Education,[96] unions, schools, school boards and the Ministry of Education have contributed to a culture of latent and overt racism against Black students and Black educators. This manifests through direct harassment and discrimination against Black students and educators, curriculum design, student discipline (including suspensions, expulsions, and exclusions),[97] educator discipline, hiring practices, labour relations, and teacher education.

Moreover, those who file complaints often face additional barriers, including silencing, harassment, and other forms of reprisal which inhibits accountability throughout the system.[98] These retaliatory actions not only harm the individuals involved but also perpetuate a system-wide lack of accountability and a culture that maintains the status quo. Documented cases illustrate the extent of this issue and its detrimental impact.[99]

The impacts of such incidents extend beyond the immediate harm to individuals - they also deter others from coming forward with complaints. A lack of trust in the system’s ability to provide fair and just outcomes exacerbates the problem and creates doubts about accountability for addressing and preventing discriminatory practices. This must change.

Chapter 5: Findings and Discussion

5.1 Black student’s needs

Black students are very clear on what they need to succeed: educators and administrators who care about their success. Yet, they do not consistently see this happening. Educators must be equipped with knowledge, policies, and procedures to effectively address anti-Black racism and systemic discrimination in the education system.

It is important that educators and administrators use human rights-based approaches with emphasis on creating dedicated spaces for Black students, lesson planning and teaching that include Black people’s historical contributions to society, and other non-European cultural experiences as part of students’ education experience. These should be standard essentials in a diverse Ontario, and not be considered as ‘frills’.

The OHRC heard from some Black students and educators about experiencing a sense of belonging in some schools due to the existence of human rights-based approaches. Other students expressed their desire to see such approaches applied in their schools.

Using a human rights-based approach means Black students must be allowed to make mistakes, be disciplined with dignity, allowed to question and voice concerns, be challenged academically, have high expectations for learning and be provided with opportunities and supports to meet those expectations, experience culturally responsive teaching, and access spaces that support their identities.

Black Joy

As previously stated, ‘Black Joy’ was a key theme during the OHRC’s consultations. This concept encompasses reclamation of Black humanity and upholds Black identity beyond victimhood despite the realities of racism and discrimination. Black Joy counters the impact of narratives and events that seek to normalize the dehumanizing and marginalization of Black people.[100] Black Joy is happiness, joy, creativity and the ability to thrive against forces of racism and discrimination.[101]

Black students in Ontario use Black Joy to affirm their positive self-image despite negative experiences, including negative messaging in the education system that create obstacles to their achievement and erasure of their communities’ contributions to society. Many students spoke about the joy they feel in the company of their Black peers, with family, during cultural celebrations, and in positive and supportive environments inside and outside of school. They said that joy shields them against the racism and discrimination they endure from educators, administrators, and other students.

The OHRC acknowledges the education system’s efforts to create positive outcomes for students through strategies, policies, and procedures to address systemic discrimination. However, these efforts often fail to achieve the desired result: an education system that maximizes the potential of each student and is free of discrimination against Black students. More work with sustained commitments is needed to promote Black joy by addressing the disparities that result in disproportionately poor outcomes for Black students.

The education system must emphasize positive experiences and outcomes for Black students to instill a sense of belonging and foster their ability to participate in and contribute to their communities and society.

Newcomer Black Students

Statistics Canada 2021 Census reports that over fifty-five percent of Black Ontarians were newcomers [102] with almost twenty-two percent being between ages 0-19. Several Black students spoke about their experiences as newcomers to Canada, which were different from Black students who were born in Ontario or Canada and whose families were here for one generation or more before them. They spoke about identifying primarily with their cultural or national origins and that being labeled as “Black” was novel to them and did not entirely fit with their sense of identity. Black francophone newcomer students who identified as a linguistic minority within the larger Black community have different and specific needs than other Black students in an education context.[103]

Both anglophone and francophone newcomer Black students described how their personal experiences of race-based discrimination in school made them aware of anti-Black discrimination and its erasure of their own sense of cultural identity.

Newcomer students are more likely to be multi-language learners, and they reported that in some instances their families experience greater challenges to get their children into appropriate classes because schools assume that their children do not understand English or French (in the case of Francophone families).

Newcomer students described family dynamics and pressures which impact how they and their families understand and are able or willing to interact with the education system. For instance, many Black francophone students described having parents with advanced post-secondary educations who place immense importance on high academic achievement but may not understand the challenges their Black children experience in Ontario schools. Many of these parents are also reluctant to confront educators or administrators on behalf of their children, based on cultural norms as well as fearing reprisal from the authority, including educators. More efforts are needed to reach out to parents and guardians to promote dialogue and understanding to make schools more accessible.

5.2 School Support Programs

School support programs are key initiatives to fostering a discrimination free learning environment for Black students. However, their effectiveness is often dependent on the level of administrative and financial supports they receive. It is important that schools and school boards continue to develop, implement, and support these programs. It is also important that the Ministry of Education support school boards in this endeavour.

Affinity Groups

Affinity groups are intended to bring people together over a commonality and share the mutual benefits of our shared identities. Affinity groups strive to form safe and brave spaces that offer support, healing, connection, and community.

Affinity groups, such as Black Student Associations (BSA) or Black Student Unions (BSU), play an essential role in providing Black students with opportunities for engagement, joy, and community. Whether students prefer diaspora groups, or inclusive groups, it is essential that these initiatives be supported as meaningful strategies to improve Black students’ sense of belonging and well-being.

BSAs and BSUs are one way to create a safe and welcoming space in the school and to build a sense of belonging for Black students through activities, targeted academic support, mentoring and peer support. Some students spoke about experiencing misconceptions or stereotypes from peers and educators. For example, non-Black educators questioning Black students on whether they are working on school related tasks while in BSA/BSU affinity spaces or “just skipping.” Black educators also said that they experience push back from non-Black colleagues who perceive BSA/BSU spaces as “special treatment” for Black students. Some Black students choose not to join BSA/BSU groups because they fear negative comments from peers or educators or because they find the atmosphere too serious. This is particularly so for grade 9 students. Through their support for affinity groups, administrators and educators could demonstrate their commitment to promoting an inclusive and supportive learning environment.

Special Programs

During the OHRC’s consultations, educators and students identified many programs as successful practices that helped Black students overcome personal and academic challenges.

The Sankofa Centre of Excellence in the Ottawa-Carleton District School Board provides intensive, culturally responsive support to enhance the academic achievements and overall well-being of Black students. These programs help improve confidence, attendance, and engagement, leading to higher graduation rates and better community involvement.[104]

The Greater Essex County District School Board’s Create Your Future (CYF) program also supports racialized students through personalized interventions that build meaningful relationships and provide essential resources. The implementation of CYF program has yielded positive outcomes by offering comprehensive support tailored to the holistic needs of Black and other racialized students.[105] CYF advisors provide academic guidance, social and emotional support, and exposure to social workers, community members, and higher education professionals for a more diverse and culturally relevant educational experience. This multifaceted approach enhances students’ academic attendance, well-being and performance and increases interest in post-secondary applications.[106]

Similarly, the Centre of Excellence for Black Student Achievement in the Toronto District School Board (TDSB) prioritizes the needs and experiences of Black students from kindergarten to Grade 12, fostering environments where Black identity and achievement are celebrated. These initiatives resulted from persistent community advocacy for systemic change, with a focus on “Black Joy, Brilliance, Excellence, and Success” while dismantling anti-Black racism and discrimination within educational institutions.[107]

These programs have proven to be successful and would benefit from being connected or scaled to broader board and ministry level planning, policies, and strategies.

5.3 System supports

It is important for all students, including Black students, to have access to adequate, qualified and certified educators to teach and support them in a learning environment free from discrimination.

Historically, given the racism embedded in the public education system and the discrimination experienced by Black students, the onus to ensure that Black students receive a proper education has been on Black communities. More recently, and because of persistent advocacy, the education system has established some additional supports for students, parents, educators, and administrators to mitigate systemic discrimination and its effects and address the under-resourcing and burden on educators and administrators for students’ success.[108]

Graduation coaches

Graduation coaches are educators who work with Black students in grades 9-12 to enhance their academic success and well-being. They provide mentorship, connect students and families to community resources, and collaborate with schools and post-secondary institutions to create pathways for graduation and future opportunities.

Dedicated graduation coaches play a vital role in supporting Black students' journey towards academic success and graduation by providing intensive and culturally responsive supports and advocacy for Black students and their families. Through personalized support, mentorship, and advocacy, these coaches provide a pathway to success for students who may otherwise be marginalized by discriminatory practices in the education system.[109] Several school boards have experienced increases in student academic success, sense of attachment to school and pathways to post-secondary education through the graduation coaches program.

School board leaders need to bolster support for graduation coaches and clearly identify the roles and responsibilities of graduation coaches as part of the board student success program and board improvement planning. Educators and administrators can work collaboratively with graduation coaches to support Black students in reaching their academic goals and aspirations. Boards should collect data pertaining to student experiences, existing barriers and successful school graduation coaches’ initiatives to increase opportunities for students and eliminate disparities.

Student and Family Advocates

Student and Family Advocates (often referred to as System Navigators) are funded positions within community organizations that provide students and families with guidance and support to navigate the complexities of the education system.[110]

This service equips parents, caregivers, and families with knowledge to advocate for their children. Some organizations have helped parents and guardians navigate the education system, learn about policies and procedures, and become involved in school decisions about their child(ren). Student and Family Advocates have also helped with advocacy and legal support, capacity building, education support, addressing racism and bullying, and family and community engagement.[111]

During consultations, the OHRC heard that school administrators frequently disregard the guidance of Student and Family Advocates’, creating systemic barriers that limit Black students’ access to supports and resources. SFAs also face significant challenges, including resistance from school boards, difficulties engaging parents, limited program visibility, and defensive responses to feedback on anti-Black racism. Navigating complex school administrative systems further hinders their advocacy efforts.[112]

This conduct has a greater impact on families whose first language is not English (in English language schools) or French (in French language schools). These families are particularly affected by not having access to culturally responsive resources, including adequate educator education and training. It is incumbent on school leaders to learn about the role of the School and Family Advocates (SFAs) and work collaboratively with them to support Black students and their families.

Human Rights and Equity Advisors

In a 2019 memorandum to directors of education about the 2019–20 Priorities and Partnerships Fund, the Ministry of Education introduced the Human Rights and Equity Advisors project to provide “support for school boards to employ the services of Human Rights and Equity Advisors (HREAs).”

HREAs work with the Director of the board and with the board’s senior team to foster a culture of respect for human rights and equality, help identify and address systemic human rights and equality issues and increase the board’s human rights compliance.[113]

Some school boards have created HREA positions or offices to assist staff, parents (and students, where appropriate) to understand and enforce their rights under the Code and the Charter. HREAs’ responsibilities also include developing human rights complaint procedures.

HREAs play an important role in promoting a culture of human rights, including transparency, accountability, non-discrimination, respect, and inclusivity within school boards, which is essential for supporting student achievement and well-being. They are instrumental in developing and advocating for school board policies on substantive equality. They work closely with senior leadership to identify and address systemic issues such as anti-Indigenous discrimination, anti-Black racism, anti-Asian racism, homophobia, transphobia, Islamophobia, antisemitism, and ableism. By fostering truly respectful and supportive environments for all students and staff, HREAs strive to ensure that publicly funded school boards operate in an equitable and just manner.

HREAs face structural obstacles within the education system to fully address complex human rights and equality issues, such as lack of resources and insufficient support from senior leadership. HREAs are often isolated within structures that are not staffed or designed to respond adequately to their requirements or to the systemic issues they aim to address. These obstacles prevent them from significantly changing entrenched discriminatory attitudes within the system. HREAs also experience mental strain from regularly engaging with situations of discrimination and inequality, which impacts their well-being and affect retention of services. Duty-holders must provide proper resources and effective support structures to ensure that HREAs can meet their mandate. Well-resourced HREAs with dedicated staffing, ongoing training, and clear support from senior leadership can be effective. An effective HREA would confidentially receive, address, and resolve incidents or complaints of discrimination and build internal expertise on rights and responsibilities under human rights laws and policies.

When properly resourced and supported, HREAs impartially and effectively advocate for Black families by addressing systemic discrimination, supporting the development of inclusive policies and practices that improve educational outcomes for Black students, and creating an accessible avenue for families to report concerns.  

Curriculum

The OHRC frequently heard concerns that an emphasis on the Black American experience can overshadow and erase the rich and diverse Black Canadian experience and history, which includes Canada’s own history of slavery as well as contributions from the Black diaspora, including Black francophone communities. As noted earlier, systemic change requires that the Black Canadian experience be embedded in the K to 12 curriculum. Educators should not fear reprisal or other potential consequences for supplementing or extending the existing curriculum with applicable content and materials in culturally responsive ways. Changes to the curriculum to include the Black experience should be guided by consultations with organizations with vast knowledge and expertise in the Black Canadian experience.[114]

5.4 Engagement

Student voice

Students have valuable insights about their own experience that should inform and enhance educational practices. This is particularly true for students who are experiencing systemic discrimination. Soliciting feedback from students about their learning experiences helps educators understand what works, what needs improvement, and what additional support may be required. This also allows educators and administrators to tailor approaches to their student body, including Black students. For instance, some Black students may not want to be responsible to plan events for Black History Month, while others may, when they are provided supportive spaces in which their voices are heard, and they experience affirmation and belonging. Prior consultation with students in such situations would empower them and foster a collaborative and student-centered learning environment. It is important for students to be involved and see their input reflected in decisions and actions that affect them. Educators need to foster student engagement and signal to Black students the importance of their voice.

Parent and community engagement

It is also important that educators and administrators develop respectful and trusting relationships with parents, caregivers, and community organizations through engagement to gain their support on matters relating to Black students and encourage a sense of belonging and well-being. Recognizing the expertise available from parents and community organizations and building strong relationships between local schools and communities is essential for creating inclusive and supportive learning environments.

Schools must be intentional in eliminating the barriers experienced by Black families who advocate for their children. Collaboration with community grassroots organizations, supported by Ministry of Education’s policy directives, will strengthen dialogue between schools and communities and enable the development of structures that value and respond to parent and community advocacy.

When Black parents experience dismissive attitudes from educators, they feel frustrated, and some turn to external advocates to navigate the school and system in support of their children. The education system must positively engage with Black parents and involve them in decision-making to meet the needs of Black students, including a safe space to seek meaningful redress for their concerns.

The education system must also ensure transparency in processes, policies, and communications to help families better understand and engage in their children’s education.

It is important that educators and administrators seek to understand the diverse circumstances and backgrounds of Black parents to engage with them in meaningful ways. Economic challenges, work commitments, and other factors may impact Black parents’ ability to participate in meetings in conventional ways. Schools must implement flexible approaches and seek input from parents on how to better engage them. It is also important to understand linguistic and cultural differences to help bridge gaps between schools and parents. The Ministry of Education must prioritize resource allocation and institutional support to promote effective school-parents engagement strategies.

Black francophones in Ontario[115] also face marginalization because of race, language, and other factors, including but not limited to, place of origin, gender, disability, creed, and sexual orientation. It is important for French language school boards to collaboratively engage with Black francophone community organizations to create and facilitate opportunities for partnerships with Black francophone parents and guardians to ensure they are responsive to the needs of Black Francophone students.

Black students and their parents/guardians often do not receive adequate guidance from school counsellors before entering grades 8 and 9. These are crucial years and the lack of proper guidance can significantly affect students’ educational and carrier opportunities. Schools must make a concerted effort to engage with parents/guardians of Black students during the elementary school years to help prepare their children to transition into secondary education.

5.5 System failures

Poisoned environment in schools

Anti-Black racism in Ontario schools is a crisis. Community and student consultation attest to the crisis of widespread normalization of racial slurs in schools and the alarming regularity with which Black students are subject to these racial slurs or comments. The normalization of racial slurs perpetuates a poisoned environment for Black and non-Black students.[116] From a human rights perspective, this, and other forms of harassment, such as discriminatory treatment related to hairstyles or clothing emphasize the deeply ingrained nature of anti-Black racism. These behaviours not only impact individual Black students and educators, but also contribute to a poisoned environment within schools, fostering a culture where discriminatory language and behaviour is deemed acceptable. School boards staff must actively address the prevalence of racial slurs and harassment of Black students by staff and peers. Accountability for acts of discrimination as well as wider cultural change is necessary to protect Black students and staff.[117]

Black educators expressed to the OHRC that they experience exclusion from informal or formal networks, denial of mentoring or developmental opportunities, such as secondments and training that are available to others, and disproportionate blame for incidents within the workplace. Black educators also stated that they are often assigned less desirable positions and subjected to excessive monitoring, differential management practices, and deviation from written policies and standard practices. For example, Black educators may be labeled as rude or aggressive or characterized as confrontational or insubordinate if involved in differences of opinion with non-Black educators. These characterizations may be made based on racist stereotypes about Black people. Penalizing Black educators for their alleged failure to get along with others, even when conflicts arise from racially discriminatory attitudes or behaviours by coworkers or senior administration, highlights the systemic nature of discrimination with the education system.

School administrators often ignore instances of harassment and discrimination that Black educators experience, or union representatives contest them, fostering a culture of impunity and harm within schools. Deliberate inaction, minimization of complaints, and retaliation against complainants[118] further contribute to a poisoned work environment and eventually leads to mental and physical illness on Black educators as well as burnout and attrition.

Surveillance

The OHRC‘s work, dating back to 2003 onwards,[119] refers to the serious negative social and psychological impacts of racial profiling in the education context on children and youth with significant effects on life outcomes. For example, Black students are disproportionately suspended and expelled, feeding into the “school-to-prison pipeline,” which systemically funnels Black students out of educational settings and into the criminal justice system. These patterns of exclusion impact post-secondary opportunities and future life prospects. Fifty-four per cent (54%) of students who have been suspended at least once in their K-8 education have been found not to apply for post-secondary education.[120] Research with racialized students shows that participants see this practice as collusion between police and school officials to maintain an undue level of surveillance and harassment towards Indigenous, Black, and other racialized students.[121]

Police presence and surveillance inside schools has a disproportionate impact on Indigenous, Black and other racialized students. Historically, police have been part of a broader system of racism and discrimination across multiple levels, including child welfare[122] and justice. Police in schools may subject Black and other racialized children, and particularly Black boys, to a higher level of surveillance that could ultimately significantly impact their mental health and education.[123] Even in the absence of police officers, school policies and practices often reflect a carceral culture of discipline, with Black students disproportionately subjected to oversurveillance, criminalization, and harsher disciplinary measures.

Any decision regarding police involvement in schools should be made only after carefully considering existing research and in consultation with all local voices, including parents, students, community members and organizations. School boards have a responsibility to ensure that the Code-protected interests of all students are acknowledged and protected when developing strategies to address safety concerns. Boards should follow the OHRC’s Human Rights-Based Approach Framework[124] to ensure that any policies prioritize human rights.

Representation

The OHRC heard from Black students that they often struggle to find a supportive adult figure with whom they can identify within their school. They reported feeling overlooked, misunderstood, and unsupported, which affects their academic success, overall well-being, and sense of belonging within the school community. Reports suggest that this results from the lack of Black educators and cultural awareness in many schools, where staff are predominantly non-Black. Black students perceive these staff as lacking the cultural knowledge or desire to adequately support the learning and well-being of Black students.

The poor representation of supportive Black educators results from the alienation of Black employees from the education system because of ongoing systemic anti-Black racism and discrimination. School administrators can change this by intentionally increasing mentorship opportunities and support programs for Black educators and educational workers, and targeting the recruitment of qualified Black teacher candidates in faculties and school boards. As well, education unions and professional associations should collect and make use of data regarding the numbers and proportions of Black members to ensure working environments support members and enable success.

Nepotism and the “Old Boys’ Club”

Nepotism has a disproportionate impact on historically disadvantaged groups,[125] including Black students, educators,[126] and communities, by specifically excluding them. The prevalence of nepotism and an “old boys’ club” culture within some boards and local schools presents significant barriers to achieving broader representation and creating a non-discriminatory environment for all students, educators, and staff.

The Simcoe County District School Board’s (SCDSB) Employment Equity Audit highlights systemic issues in hiring practices, particularly the reliance on relationship-based rather than skill-based recruitment. This, despite the original intention of Regulation 274[127] – revoked in 2020 and replaced by PPM No. 165: Teacher Hiring Practices[128] – to improve transparency and fairness in hiring processes, nepotism persists. This hinders the hiring of the most qualified candidates and limits organizational diversity. SCDSB employees expressed concerns that nepotism affects hiring and advancement opportunities and work environments.

The audit recommends refining hiring processes to emphasize candidates’ skills and abilities, centralizing the hiring of long-term occasional and permanent educators, and implementing targeted recruitment strategies informed by the Staff Census. Similarly, Windsor Black education professionals reported going through the interview process, then witnessing less-qualified candidates being hired on condition of later obtaining qualifications the Black candidate already had.[129] These systemic barriers, such as staffing through personal networks, can exclude people outside these networks from learning about, applying for, and showcasing their competencies for certain jobs.[130]

Nepotism restricts the pool of applicants for positions and limits diversity. It prevents the hiring of qualified educators who reflect the community, thereby reducing the competency of the entire education body. It lacks transparency, erodes institutional trust and delegitimizes the administration of a school board. It also exacerbates staff shortages and perpetuates discriminatory attitudes and practices without monitoring and accountability, which impacts Black students’ well-being and achievement, and all students’ development.

School boards are required to develop local educator hiring practices that adhere to the expectations in PPM No. 165 while respecting provisions in existing collective agreements, the Code, and other applicable laws. While PPM No. 165 is helpful to enable school boards to hire based on merit, diversity, and the unique needs of schools, it is not a concrete or final solution to the issue of nepotism.

Underrepresentation in Senior Roles and Leadership Gaps

Evidence from as early as 1850[131] highlights the persistent underrepresentation of Black individuals in senior and leadership roles in education. Today, this underrepresentation remains stark, with estimates that Black school principals comprise only two per cent of all K to 12 school principals in Ontario.[132]

School boards do not hire or retain Black senior administrators at rates proportional to the Black population in communities or the province, or in keeping with the achievements and abilities of Black education professionals. Black educators often do not get promoted to senior positions or supported when they hold such positions. This results in decreased professional growth for Black educators and poor Black representation in leadership. School boards must take corrective action to become more diversely representative at all levels.

Unequal Expectations leading to Systemic Burdens on Black Educators

Black educators often face unfair expectations in their roles. They increasingly must assume additional responsibilities that extend beyond the contractual expectations of their role. Because they are under-represented across school boards, they may be alone, or one of few with the lived experience to effectively address issues involving Black students in their school or school board. For example, Black educators told us that they have been asked to be the point person between Black students and their families, which has placed undue pressure on them, and created potential conflicts with school board administration.

School boards must ensure that all educators equally engage in supporting students, including Black students instead of disproportionately relying on Black educators to support Black students. To do otherwise will perpetuate historical systemic barriers and institutional racism that affect the mental health and well-being of Black educators. Many Black educators informed the OHRC about experiencing stress, burnout and leaves of absences because of the added burden schools and school boards put on them because of their lived experience.

Roles of Unions

A union[133] may be held jointly liable with an employer where it has contributed towards discriminatory workplace policies or actions or where it prevents an employer from meeting its duties to address discrimination or harassment.[134]

Unions should address allegations of discrimination or harassment from their members, work to include language about anti-discrimination in collective agreements, work with employers to develop internal policies and procedures, and take a proactive role in human rights training and education for their members in the workplace.[135]

Unions and school boards must also uphold a discrimination free work environment through enforced accountability for discriminatory behaviour.

Under the Charter,[136] unions have a right to collective bargaining on behalf of their members, including the right to represent their members in disputing employer discipline. This includes representing members accused of discrimination or harassment. However, unions also have a duty to consider the interests of all members affected in such disputes.[137] [138] When considering the various affected interests in a dispute, a union should consider any commitments to addressing discrimination or harassment in the workplace which it has made in any governing documents and how prioritizing its commitment to anti-discrimination benefits its membership as a whole.

Role of Faculties of Education

Faculties of Education (faculties) in Ontario universities have the responsibility to select future educators and prepare them to teach all students, including racialized students from diverse cultural backgrounds. Faculties have a significant influence on the quality of instruction students receive. They are where:

“[…] prospective teachers gain a foundation of knowledge about pedagogy and subject matter, as well as early exposure to practical classroom experience. Although competence in teaching, as in all professions, is shaped significantly by on-the-job experiences and continuous learning, the programs that prepare teachers to work in K–12 classrooms can be early and important contributors to the quality of instruction.”[139]

Education stakeholders expect faculties to promote advances in knowledge, champion evidence-informed best practices, and provide expert advice within the education system.[140] Faculties are also critical in addressing systemic anti-Black racism by equipping future educators with the knowledge and skills to implement anti-racist and Code-compliant pedagogy.

Faculties of Education are responsible for ensuring the orientation and content of faculty programs integrate a human rights approach, including addressing anti-Black racism and discrimination. This means equipping educators with the ability to have constructive dialogue about human rights and racism in schools and in society, and to examine how these affect the educational experience of Black students. Teacher candidates with this knowledge and confidence will be able to navigate and engage with the diversities and realities they will meet in classrooms. Faculties must change their processes, course offerings and graduation requirements to achieve the desired outcomes and impacts.[141]

Faculties must also establish and implement effective strategies to recruit and retain more Black teacher candidates and integrate human rights into all aspects of educator training.

Faculties state that their programs comply with the Ontario Human Rights Code and relevant legislation and are grounded in these principles. Faculties have Educator Education Advisory Committees to provide feedback on how programs meet sector and student needs. They also use course evaluations to collect data to inform teaching improvements, evaluate pedagogical approaches, and inform program and curriculum review.

Currently, 18 of 23 Ontario public universities are signatories of the Scarborough Charter on Anti-Black Racism and Black Inclusion in Higher Education.[142] Some institutions have also undergone reviews of experiences with anti-Black racism on campus and developed recommendations for change.[143]

Despite these initiatives, systemic gaps and issues persist, and there appear to be gaps in faculties preparing well informed teacher candidates to navigate today’s classrooms, including addressing human rights issues and anti-Black racism. Faculties of Education must employ evidence-based approaches to improve educator knowledge and pedagogy, and demonstrate measurable outcomes and impacts, to address human rights and discrimination in the classroom. 

Role of Ontario College of Teachers

The Ontario College of Teachers (OCT) receives its mandate from the Ontario College of Teachers Act; it governs and regulates the teaching profession in Ontario. It establishes and maintains teacher qualifications, accredit post-secondary teacher education programs, and enforces professional and ethical standards.[144] The OCT’s Ethical Standards explicitly outline the commitments and responsibilities of educators to care, respect, trust, and integrity.[145] As such, the OCT is pivotal to protecting the public from educators who do not meet professional and ethical standards or who do not have the required competencies to teach.

As the regulatory body for educators, OCT has implemented important measures such as its Professional Advisory on Anti-Black Racism and amendments to the Professional Misconduct regulation under the Ontario College of Teachers Act.

The professional advisory provides advice on how educators can improve their daily practice to proactively address anti-Black racism. The goal is to provide support in creating inclusive and supportive learning cultures that benefit all students.

On November 6, 2020,[146] the Professional Misconduct regulation (O. Reg. 437/97),[147] was amended to include “making remarks or engaging in behaviours that expose any person or class of persons to hatred on the basis of a prohibited ground of discrimination under Part I of the Human Rights Code”[148] as an act of professional misconduct. This amendment was designed to prevent discrimination in and out of the classroom. This applies to all members of Ontario’s education professions, including teachers, consultants, vice-principals, principals, supervisory officers, directors of education, people working in non-school board positions, College members in private and independent schools, and positions requiring a certificate of qualification. The College investigates allegations of hatred and, if warranted, conducts a public hearing to resolve an allegation. However, OCT does not collect race data thus it is difficult to assess how they have dealt with complaints about anti-Black discrimination.

Professional Development and Training

Professional development and training are essential to challenging racism and discrimination in education. Yet reports about educators’ professional development and training consistently indicate that it is not effective – it is disjointed, uncoordinated, repetitive, unevaluated,[149] and unrelated to the practicalities of teaching or operating a school. Most professional development pertaining to race and racism training is often optional, which means that educators who most need this training may not participate.

The OHRC’s Policy and Guidelines on Racism and Racial Discrimination (2005), states that “training in isolation from other initiatives is unlikely to succeed in fostering a non-discriminatory environment. Similarly, inadequate training is not likely to be effective in bringing about a change in attitudes or behaviour.”[150]

A strategic approach to effective training would identify clear common outcomes to be achieved and allow local schools or school boards to engage in community-tailored approaches to achieve those outcomes. Meaningful training should be appropriate, timely and coordinated. Steps must be taken to engage experts, set clear goals, provide evidence-based research and resources, and evaluate learning against those goals and outcomes. Knowledgeable members from local racialized communities should be involved in the design, development and delivery of human rights and anti-Black racism training. Training should include specific and action-oriented approaches (e.g., community of practice or professional learning cycles) to interrupting discrimination and fostering positive and responsive learning environments for Black students in both elementary and secondary schools.

Monitoring and evaluation with local racialized communities and staff surveys can assess the effectiveness of the training to increase understanding and change attitudes about racial issues.[151] Qualitative research and monitoring students' well-being and success can also help assess the effectiveness of the training for educators.

School boards should include in all employees’ annual performance plan the requirement to participate training on human rights, discrimination, and anti-racism. and concrete outcomes for addressing and preventing human rights violations.

Chapter 6: Actions for Implementation

Ontario’s publicly funded education system serves over two million children and youth annually.[152] Each of these students are entitled to an education that is free from discrimination and racism, including anti-Black racism in accordance with the standards set out in the Ontario Human Rights Code, the Education Act and other related legislation.

Duty-holders in the education system must actively challenge anti-Black racism and discrimination and their impact on Black students and educators. Duty-holders must be accountable for preventing racism and discrimination in their schools.

During consultation with students, parents, communities, and educators on anti-Black racism and discrimination, the OHRC heard three central concerns that must be addressed to effect change: accountability and transparency, monitoring and evaluation, and student well-being, each will be discussed below as points of action to eliminate all forms of discrimination, including anti-Black racism within the education system.

6.1 Accountability and Transparency

The education system must have strong accountability systems that hold everyone who violates policies, procedures, or other legal obligations, including the Code, responsible.

The Ministry of Education, the College of Teachers, school boards, and Faculties of Education all have a duty under the Code to maintain an education sector that is free from harassment and discrimination, including a poisoned environment. This means taking prompt and practical steps to prevent, respond to, and eliminate discriminatory behaviour of which they ought reasonably to be aware. Unions should participate in employers’ efforts to prevent and respond to discrimination and harassment in the workplace and they have a duty under the Code to represent its members in a discrimination-free manner. Doing otherwise condones the behaviour.

Policies, procedures, frameworks, and other guiding documents must clearly identify lines of accountability to prevent and address discrimination, harassment, and racism in the education system. Currently, procedures and processes to address these issues are not consistently applied, leading to duty-holders failing to take firm action.

Duty-holders must clearly outline concrete steps educators and school leaders must take to address discrimination and harassment and create positive change in their classrooms.

During consultations, the OHRC heard that the Ministry of Education’s focus on accountability as a process instead of an outcome contributes to ongoing challenges to effectively combat anti-Black racism and discrimination. The Ministry of Education must shift to outcome focused accountability measures to improve educators’ and school administrators’ approach to addressing discrimination in their schools.

Transparency within the education system is important to ensure that the public understands how all duty-holders uphold their human rights obligations. Currently, schools, school boards, and the Ministry of Education do not consistently communicate with students and parents, guardians, or communities about incidents of anti-Black racism, discrimination or harassment within schools or how they are addressed.

Parents, guardians, and communities have a right to be informed. Educators, administrators, and other education staff must communicate with parents or guardians about discrimination within schools and how they address it.

School boards and schools must create trauma-informed and community-oriented approaches to communicate with students, parents, guardians, and communities. The Ministry of Education must support school boards and schools to deliver and implement these initiatives. School boards and schools must build partnerships with Black parents, guardians, and community organizations that involve dialogue on existing disparities and disproportions and how to address them.

The Ministry of Education, school boards and schools must clearly communicate to the public about existing legislation, policies and procedures, accountability, and reporting practices to improve human rights in the education system. School boards must also report on their progress in addressing anti-Black discrimination by highlighting improvements in Black student outcomes and detailing the specific actions and resources implemented to sustain these positive changes. All duty holders in the education system must strive for a culture of continuous improvement.

Faculties of Education

Faculties of Education must recognize their role in developing educators to educate diverse students. While Ontario Faculties of Education have recognized the need to diversify their student body to reflect the diversity of Ontario’s population,[153] they still need to work with post-secondary institutions to develop robust recruitment strategies to attract more diverse teacher candidates. They must also develop systems to assess the impact of their curriculum, including human rights courses, and evaluate new educators’ performance, including indicators on anti-Black racism, discrimination, and harassment.

Unions

Unions have an obligation to address discrimination and harassment in the education system. While much work has been done at the provincial level, OHRC consultations reveal existing challenges at the local level with anti-Black racism and discrimination within unions across the province, including a lack of representation within union leadership, under-reporting of anti-Black discrimination involving union members, and the general absence of data collection regarding racial discrimination and harassment in the workplace.

Unions should support their members who report and make complaints about discrimination, including systemic discrimination, even if the persons alleged to have engaged in discrimination or harassment are also union members. Once a union becomes aware of discrimination or harassment, it has a duty to consider the interests of all its members, especially those who are harmed by discrimination or harassment in the workplace.

Unions should collaborate with employers to develop internal human rights policies and procedures to protect their members from discrimination or harassment. Unions should also take a proactive role in human rights training and education for their members and assessing the effectiveness of such training through concrete human rights measures. Unions should also hold employers accountable for any discriminatory hiring practices.

Unions must also better inform the public about their roles in addressing complaints of discrimination or harassment, including anti-Black discrimination in the education system involving their members, and what they can or cannot disclose due to confidentiality.

School boards and schools

School boards must demonstrate to the public that they are accountable for establishing and maintaining a discrimination free school environment through transparent, functional, and accessible complaints systems for staff, students, parents, and families. It is important that school boards involve Black community organizations and community members when developing complaints systems to address anti-Black discrimination.

School boards must immediately update their recruitment, hiring and promotion policies to remove barriers, such as bias and nepotism and ensure transparent hiring practices to attract more diverse candidates.

School boards and schools must also be accountable for providing resources to staff to support anti-Black racism initiatives, improving community outreach, and addressing allegations of discrimination, including anti-Black discrimination from educators, education staff, or students. They must also issue a comprehensive annual report including, for example, the number of complaints about discrimination, anti-Black racism within the board/schools, how they were addressed and the outcome.

Trustees

School board trustees play a critical role in upholding human rights and ensuring that anti-Black racism initiatives are meaningfully implemented within their boards. As elected officials, trustees must support duty-holders—including school boards, educators, and administrators—in advancing human rights work. Trustees must take an active leadership role, support those leading this work, and allow necessary change to happen. They should also be held accountable for their contributions to fostering a discrimination and harassment-free education system for students and education staff.

Ministry of Education

The Ministry of Education and the Ministry of Citizenship and Multiculturalism must increase school boards and schools’ access to human rights and equality initiatives and programming, such as Human Rights and Equity Advisors, Graduation Coaches, and System Navigators. The Ministry of Education must also ensure each school board has a fully staffed central office with responsibility for human rights and substantive equality, including but not limited to anti-Black racism. The Ministry of Education should also immediately create a specific and ongoing fund (Core Education Fund, previously known as the Grant for Student Need) to resource anti-Black racism initiatives in schools.

The Ministry of Education should ensure that all collective bargaining include strong commitments to protect human rights for all staff, students, and families.

Actions

This Action Plan includes concrete actions that all duty-holders within the publicly funded education system must take to improve outcomes, including the ones below for Black students and Black educators.

1. Black students in the publicly funded K to 12 education system must be able to learn in a school environment that are free from all forms of discrimination and harassment, including anti-Black discrimination.
2. Black students must be given equal opportunities to benefit from the education system to help them achieve their full potential to contribute to society. Within four years, the publicly funded education system should be able to demonstrate improved academic achievements for Black students, including:
   1. Positive well-being and a sense of belonging
   2. Improved EQAO results, especially in literacy and numeracy
   3. Higher graduation rates
3. Within four years, the publicly funded education system should demonstrate improved relationships between educators and Black students, including reductions in:
   1. Suspension rates
   2. Unjustified formal and informal streaming
   3. Calls to police and Children’s Aid Society
4. Black educators and administrators in the publicly funded K to 12 education system can work in environments free from discrimination and harassment based on race and be given equal opportunities to achieve their full professional potential.
5. Within four years, the publicly funded education system should report an increase in:
   1. Retention of Black educators
   2. Black teacher candidates
   3. Discipline for discriminatory behaviour towards Black educators

Immediate Actions (1-2 years)

Action 1 – Education Duty-Holders Must Acknowledge and commit/pledge to action on Anti-Black Racism and Discrimination in Education

All levels of the education system, including school boards, schools, unions, and Faculties of Education must make a clear, formal, and public acknowledgement of the structural and systemic nature of anti-Black discrimination and its impact on Black students and Black education staff’s right to an education and work environment free from discrimination and harassment. Further, duty holders must recognize that systemic anti-Black racism is at the root of the tacit acceptance of the on-going discriminatory practices pervasive throughout Ontario’s publicly funded education system.

Duty-holders must also work with Black communities to establish and implement measurable plans and initiatives (e.g., human rights and anti-discrimination frameworks, human rights indicators and evaluations, targeted supports with impact evaluations) to address and report on anti-Black racism and discrimination.[154]

Action 2 – Education Duty Holders Must Develop a Communication Strategy to Acknowledge Anti-Black Racism and Discrimination in Education

The OHRC calls on all levels of the education system, including school boards, trustees, schools, unions, and Faculties of Education to clearly communicate their acknowledgement of anti-Black racism and discrimination in education.

In collaboration with students, parents/guardians, and the community, school boards must adopt multi-modal and multilingual approaches to ensure the acknowledgement and associated action plan reach the whole student populations and their families.

Action 3 - The Ministry of Education Must Create a Provincial Framework to Address Human Rights and Anti-Black Discrimination

The OHRC calls on the Ministry of Education to create a provincial policy and impact framework to address discrimination and harassment in Ontario’s education system. This should include specific measures to combat anti-Black discrimination and harassment including addressing gaps in responsiveness and accountability through mechanisms to verify performance impact and improvement.

The Framework must include:

1. A Multi-Year Plan (MYP) for sustainable expansion of resources and programs created to address anti-Black racism and discrimination. (See Action 22, Action 23, Action 24, Action 25)
2. Goals and outcomes pertaining to the hiring, promotion, and retention of Black educators and education workers, and employment systems review process. (See Action 29)
3. An independent and comprehensive evaluation of the framework to determine effectiveness and potential improvements.
4. A commitment from leadership at all levels of administration, including trustees, to drive systemic change and accountability.
5. Training and support for leaders to effectively implement accountability measures specific to addressing racial discrimination with particular focus on anti-Black racism.
6. Accountability measures for data governance.
7. Accountability and enforcement measures for intervening in instances of racial harassment and discrimination.
8. Clear guidelines for reporting and addressing human rights violations with transparent lines of authority for roles, responsibilities, and functions.
9. Transparent and accessible complaints process for students, educators, education workers, parents, and community members. (See Action 12 b, Action 22)

Action 4 - The Ministry of Education Must Develop a Communication Strategy for the Accountability Framework

The OHRC calls on the Ministry of Education to develop a communication strategy for the provincial framework to address human rights and anti-Black discrimination and harassment referenced in Action 3.

The communication strategy must:

1. Incorporate multi-modal and multilingual approaches to ensure rights-holders can access the information.
2. Include multi-year plan with clearly defined outcomes.
3. Include timeframe for compliance reporting.
4. Be community and trauma informed.
5. Be publicly available.

Action 5 – The Ministry of Education Must Review the Policy and Protocol of PPMs

While the Minister of Education has the authority under the Education Act (s. 8(1)(29.1)) to require school boards to develop and implement equity and inclusive education policies, the Ministry must ensure these policies are strengthened to explicitly align with human rights and anti-discrimination principles.

Updated policies should provide clear, mandatory guidance for school boards and ensure alignment with the provincial framework on human rights and anti-discrimination (see Action 3).

The Ministry of Education must:

1. Embed human rights principles into relevant policy and program memorandums to ensure compliance with the Code.
2. Conduct a review of PPM 119 (see Appendix J) and Developing and Implementing Equity and Inclusive Education Policies in Ontario Schools (June 24, 2009) to align it with human rights and anti-discrimination principles and Anti-Racism Act (2017) and the Anti-Racism Data Standards (2018).
3. Establish a separate PPM to address anti-Black discrimination with detailed guidelines and actions to combat anti-Black racism at all levels of the education system.
4. Establish clear mechanisms for oversight and enforcement of the policy, with clearly delineated roles, functions, and responsibilities.
5. Establish standards for human rights knowledge and anti-racism to be included in teacher qualifications.

Action 6 – The Ministry of Education Must Communicate Policy and Procedure Updates

The OHRC calls on the Ministry of Education to communicate to school boards, unions, and rights-holders about their policy reviews updates and to consult with school boards to establish the most effective manner of communication.

The Ministry of Education must:

1. Provide rights-holders an overview of process.
2. Provide completion timeframe.
3. Provide publicly published update and incorporate multi-modal and multilingual approaches to ensure right holders have access to information.

Action 7 - Ministry of Education Must Establish a Threshold for Independent Intervention for Code-violations

The OHRC calls on the Ministry of Education to establish a clear threshold for when it will engage an independent reviewer to address a serious or ongoing allegations of anti-Black racism within a school board. This threshold should be defined to ensure that any organization consistently violating the Ontario Human Rights Code faces appropriate remedial measures to address and rectify systemic issues. The threshold criteria must be developed in consultation with external experts who have a demonstrated competence in human rights and in addressing anti-Black racism. School boards must be able to demonstrate that they comply with all legal obligations.

The Ministry of Education must:

1. Develop a clear and measurable threshold to address serious or repeated instances of racism and discrimination within a school board, with the authority to engage an independent reviewer. The threshold should consider the frequency and severity of the racism and discrimination, and its impact on students, families, school, and community. The threshold should be developed in consultation with external experts who have a demonstrated competence in human rights and in addressing anti-Black racism.
2. Provide preventive support, including policy development and regular audits to school boards to ensure educators, principals, and senior leadership uphold and advance human rights principles.
3. Ensure any investigator involved in reviewing and addressing human rights issues, including from trustees and student trustees, has extensive knowledge and experience in human rights.

Action 8 – School Boards Must Communicate of Roles and Responsibilities Related to Human Rights

The OHRC calls on school boards to establish greater clarity of roles, responsibilities, qualifications, standards, and legal obligations of duty-holders (including but not limited to those with human rights portfolios) under the Ontario Human Rights Code and to clearly communicate these to the community.

Action 9 - Faculties of Education Must Establish an Accountability Framework for Increased diversity of teacher candidates with particular attention to increasing the number of Black educators

The OHRC calls on Faculties of Education to create and implement an internal human rights accountability framework to address anti-Black discrimination and harassment in education.

Faculties of Education must:

1. Increase the diversity in teacher candidates through targeted recruitment.
2. Secure a commitment to the framework from leadership at all levels within faculties.
3. Provide training and support for leaders to effectively engage with and implement the accountability measures.
4. Establish a comprehensive evaluation process with specific timelines to determine compliance and effectiveness of the framework.
5. Establish assessments to measure the impact of courses on aspiring educators and their practice.

Action 10 – Unions Must Establish an Accountability Framework for addressing the discrimination and harassment experienced by Black educators and addressing anti-Black racism when committed by members

The OHRC calls on unions to establish and implement an internal human rights accountability framework to address anti-Black discrimination and harassment in education.

Unions must:

1. Create an accountability framework that includes clear guidelines on and timelines for reporting and addressing human rights violations, including anti-Black discrimination and harassment, with transparent roles, responsibilities, and functions.
2. Develop and implement accountability procedures for local union branches to investigate complaints of discrimination and harassment, including from Black educators and education workers.
3. Hold members accountable for human rights violations, including anti-Black racism and harassment, and leadership for addressing complaints of discrimination or harassment from Black educators and education workers.
4. Identify and implement transparent processes for reporting, investigating and following up on instances of anti-Black discrimination, harassment, and poisoned work environment. Unions have legal obligations under labour law to investigate complaints or potential grievances for merit. Where systemic patterns of anti-Black racism are identified within local unions, national branches have an obligation under the Code to establish processes to investigate and address these issues, including conducting reviews to ensure fair representation of Black members. Where possible these investigations should be conducted by an independent investigator.
5. Ensure all processes (e.g., grievance, arbitration) include a human rights lens.
6. Integrate and implement human rights language, including discrimination and harassment into constitutions, by-laws, and collective agreements.
7. Develop transparent and accessible complaints mechanisms for educators and education workers, including how they hold employers accountable and establishing a clear process for addressing discrimination between members. (See Action 12b, Action 22)
8. Establish a comprehensive evaluation process with specific timeframes to determine compliance and effectiveness of the framework.
9. Secure a commitment to the framework from leadership at all levels within the union to drive systemic change.
10. Provide training and support for leaders to effectively implement accountability measures.
11. Establish a centrally administered complaints system to investigate external complaints against members.

Action 11 - Unions Must Establish a Communication Strategy for an Accountability Framework and Monitoring Framework

The OHRC calls on unions to establish a clear communication strategy to inform members of the accountability framework.

A communication strategy must be:

1. Developed in partnership with Black members.
2. Circulated to all local levels.
3. Made accessible online and regularly updated.

Action 12 – OCT Must Enhance Capacity on Anti-Black Racism and Discrimination

The OHRC calls on the Ontario College of Teachers (OCT) to work with education partners to improve public awareness and access to its publicly available information about disciplinary processes, increase its capacity to investigate incidents of anti-Black discrimination, and improve standards of practice regarding racism, discrimination and culturally responsive pedagogy. 

OCT must:

1. Review standards of practice regarding racism, discrimination and culturally responsive pedagogy.
2. Create a mechanism to track complaints filed at the school board level that may also amount to professional misconduct.
3. Explore ways to collaborate with other duty-holders to increase public awareness of publicly available information.
4. Hire staff who have demonstrated knowledge and experience in investigating anti-Black racism, discrimination, and harassment.
5. Work with Faculties of Education and school boards to increase educator engagement in anti-Black racism Additional Qualifications. 

Intermediate Actions (3-5 years)

Action 13 – School Boards Must Establish a Human Rights Office in Each School Board

The OHRC calls on each school board to establish a central office to implement human rights policies and investigate human rights complaints from students and staff under the Code, such as discrimination, harassment, and poisoned environments, including anti-Black racism, and to develop human rights capacity within the board.

The Human Rights office must be established in collaboration with the community and supported by the Ministry of Education and the school board.

The Human Rights Office must:

1. House HREAs.
2. Respond promptly to incidents of discrimination.
3. Be empowered to create accountability measures for board directors and school principals for human rights incidents.
4. Assist students, parents, and communities facing discrimination and harassment to access information, navigate school systems and effectively advocate for students.

The Ministry of Education must:

5. Empower and resource school boards to establish human rights offices which will engage and collaborate with community groups and stakeholders, collect and report data as per the Provincial Framework (Action 3), and investigate complaints.

Action 14 - School Boards Must Develop Culturally Competent Communication Plans for Student and Family Engagement

The OHRC calls on all school boards to partner with School and Family Advocates (SFA) or System Navigators to develop culturally competent communication plans to inform and engage parents and students at critical points in the educational transitions to improve their understanding of education pathways and opportunities.

School boards must:

1. Collaborate with students, parents, and communities to establish multi-modal and multilingual approaches to targeted and effective communication, including:
   1. Create a communication plan for parents/guardians and families about the transition from Grade 8 to Grade 9, and other significant decisions taking place in grades 1 to 6.
   2. Create a communication plan for parents and families about the transition to post-secondary school.
2. Collaborate with parents/guardians of Black students and Student and Family Advocates to develop culturally relevant education and support services. These services should provide meaningful support to parents/guardians within/from diverse communities.

6.2 Monitoring and Evaluation

The education system’s process-driven procedures impede its ability to consistently identify and focus on addressing causes of discrimination and racism. This process-driven focus begins with the Ministry of Education and runs through the system. Therefore, the OHRC calls on all parties in the education system to re-focus efforts to address discrimination and anti-Black racism from process-driven to outcome-driven to achieve discrimination free learning environments.

All duty-holders must develop and implement a human rights indicator framework that includes benchmarks and measures of success. The framework should include quantitative and qualitative data, and performance and compliance indicators to monitor the effectiveness of programs and initiatives and to monitor duty-holders’ obligations to human rights standards.[155] Qualitative data is gathered through partnership with stakeholders including students, parents, and community members. This approach aligns with legal obligations under the Code and empowers rights-holders to advocate for meaningful change and uphold the highest standards of human rights for all.

Strong performance measures and data collection will hold the education systems accountable for combatting anti-Black racism and discrimination.

However, simply collecting data will not address past failures of education institutions to achieve real change. Likewise, the lack of quantitative measures specific to their setting should not prevent schools from taking steps to be more welcoming and safer environments for Black students, families, and educators.

Currently, the education system collects extensive data, however, it is not clear whether and how the data is being used to evaluate system performance on human rights issues. The OHRC asserts that data collection on all Code grounds is a leading practice. Both quantitative and qualitative data collection can be used to identify the nature and location of human rights issues, including systemic issues, and remove them.

The OHRC states in its publication Count me in! Collecting human rights-based data that good data collection serves to identify and verify or debunk theories and perceptions. For example, data can challenge the notion that racism does not exist in a school. Qualitative data is particularly important to measure progress, enhance transparency and accountability, and increase trust in an institution.[156]

When conducting research and analysis, it is crucial to consider government and non-governmental sources of socio-demographic data collected in a program or policy area, including data from comparable initiatives in other jurisdictions. During the development of options and recommendations, it is necessary to mandate the collection of socio-demographic data. Lastly, when implementing programs and services, the collection of data must be carried out in culturally responsive and ethical ways.

In September 2023, the Ministry of Education released the Student Achievement Plan (SAP) which is a system planning tool that relies on the disaggregated data across several indicators and schools are encouraged to utilize local data, including data regarding specific student populations. However, the plan does not measure system performance (measured according to a determined set of indicators and outcomes that are comparable across the system and over time), with respect to student and educator well-being, critical indicators of meeting human rights obligations. Student and educator well-being should be part of broader systemic work on the monitoring and realizing non-discrimination in education. The SAP does not provide guidance to schools on how to analyze and interpret the data, how to engage students, parents, and communities, or how to measure outcomes for the data collection.

School boards and schools must measure what will lead to change and support initiatives and programs which achieve best outcomes for all students, including Black students. They must regularly communicate outcomes to the Ministry of Education to support a province-wide students-outcome initiatives.

While school boards collect more data than is required under the SAP, they currently do not have the ability to share information between boards and learn from each other’s experiences and leading practices. The OHRC calls on the Ministry of Education to work with school boards to establish a formal system to exchange information on measurable outcomes to address anti-Black racism discrimination and racism in schools.

The OHRC also calls on the Ministry of Education to establish a systematic and consistent approach for school boards to monitor and report on anti-Black discrimination and other human rights issues across the entire education system, with specific indicators to verify progress.

The Ministry of Education must hold school boards accountable for human rights outcomes within their schools through comprehensive outcome-focused metrics that include academic achievement, anti-Black discrimination, and students’ sense of belonging and well-being.

Immediate Actions (1-2 years)

Action 15 - Ministry of Citizenship and Multiculturalism Must Amend Anti-Racism Act Regulation 267/18 and Data Standard

The OHRC calls on the Minister of Citizenship and Multiculturalism (MCM) immediately to review and amend the Anti-Racism Act (ARA) regulation 267/18 to designate the Ministry of Education as the primary authority for education data collection, instead of individual school boards. While the ARA and the Human Rights Code establish the legislative authority for data collection, the Minister should implement enhanced guidelines that go beyond the minimum standards. This should include establishing and mandating use of a comprehensive template to collect and report race-based data, and enforcement mechanisms for non-compliance.

The Ministry must:

1. Amend the ARA to mandate school boards to collect and disaggregate data on student demographics based on Code grounds and non-Code grounds, to measure academic achievement, EQAO results, suspensions, expulsions, exclusions, graduation rates.
2. Amend the ARA to mandate school boards to collect, disaggregate, analyze, and publicly report data on their workforce representation and tenure, particularly on educators, to support diversity within their board. This includes a schedule for data collection, analysis, and reporting, and ensuring that disaggregated data is published on Open Data.
3. Amend the ARA and Regulation 267/18 to include a compliance framework for collecting data and reporting timelines to guide the Ministry of Education and school boards and to designate the Ministry of Education as the authority for data collection in publicly funded education.
4. Create resources for school boards on stakeholder partnerships for the data collection, analysis, action planning and monitoring processes.
5. Collaborate with Statistics Canada to align data collection standards with current socio-demographic data collection practices.

Action 16 - Ministry of Education Must Centralize and Standardize Data Collection, Analysis, and Reporting

The OHRC calls on the Ministry of Education to mandate a centralized and standardized process for all school boards to collect and publicly report demographic and Code-based data. This includes establishing and mandating use of a comprehensive template to collect and report race-based data.

Monitoring, reporting, and preventing discrimination in the education systems are important accountability measures. Data collection and climate surveys using disaggregated data are effective tools to do so and should include information on who experiences discrimination by racialized group and their intersecting grounds of discrimination. They should also outline the nature of incidents and where they happen.

The Ministry of Education must:

1. Review EQAO to include race-based data collection.
2. Identify the essential disaggregated data that all school boards must collect on an annual basis, in addition to other relevant data specific to school boards, to show outcomes for Black students.
3. Develop a robust monitoring framework to ensure school boards collect and use Code-based data to address the impact of racial disparities on the mental health of student.
4. Equip school boards with expert resources to monitor consistency in the collection, quality, and analysis of their data.
5. Work with the Ontario College of Teachers to collect and publicly report data on the racial composition of the education professional body.
6. Require school boards to record and publicly report on an annual basis the number of Black educators, staff, and students, and incidents of anti-Black racism in their board.
7. Require school boards to use year-over-year data to identify and address patterns of anti-Black racism in their board, in collaboration with Black community organizations and families.
8. Develop a framework that provides school boards guidance to collect, analyze and report findings from biannual employee surveys. Data collected from this survey may include, but not be limited to employee’s day-to-day experiences, engagement, work environment and applicable Code-based data.[157]
9. Require school boards to publicly release de-identified disaggregated data from the biannual employee survey that assess their employment practices. This report should highlight important perspectives including but not limited to representation from historically marginalized groups, treatment in hiring, training experiences, and promotion.[158]

Action 17 – The Ministry of Education Must Publish Disaggregated Data on Ontario Data Catalogue

The OHRC calls on the Ministry of Education to publicly release all de-identified disaggregated data on Ontario Data Catalogue to allow access to the public, communities, and researchers.

Action 18 - Ministry of Education Must Establish and Implement a Monitoring Framework

The OHRC calls on the Ministry of Education to establish a comprehensive provincial monitoring framework to ensure school boards effectively address disparities amongst students in educational outcomes. The framework should include, but not be limited to benchmark data, qualitative and quantitative outcomes, and performance and compliance indicators.

The Ministry of Education must:

1. Develop and implement an outcomes monitoring framework with indicators measuring progress and achievement on anti-discrimination.
2. Require school boards to report annually on outcomes, disaggregated according to Code grounds, including:
   1. Educational achievement
   2. Student well-being
   3. Literacy, numeracy and graduation rates
   4. Discipline, suspension, expulsion, and exclusion rates
   5. Number of human rights-related complaints.
3. Identify disparities, create approaches to address them and identify remedial measures for lack of compliance.
4. Provide preventive support, including, but not limited to Action 13, Action 24, Action 25 to school boards to assist them in meeting their obligations, including policy development and regular audits.
5. Develop mechanisms to monitor and evaluate school boards’ initiatives and programs to hold school boards accountable.

Action 19 - Ministry of Education Must Establish a Cross-Ministry Data and Monitoring Working Group

The OHRC calls on the Ministry of Education to establish a working group, in collaboration with the OHRC, ARD, and other relevant community stakeholders, to review and update the outstanding recommendations from the Ministry of Education’s 2017 report Unlocking Student Potential Through Data.

The working group should develop a comprehensive plan to expand and enhance data governance, collection, analysis, and reporting within the public education system, and focus on implementing outstanding recommendations relating to data.

The working group must:

1. Develop a comprehensive plan based on Unlocking Student Potential Through Data and implement the outstanding recommendations from the report. The plan should outline objectives, timelines, and deliverables for expanding and enhancing data governance, collection, analysis, and reporting within Ontario's public education system.
2. Develop a robust human rights monitoring framework to track progress on implementing recommendations.
3. Evaluate and strengthen existing data governance frameworks within the public education system to ensure compliance with privacy laws and ethical guidelines.
4. With guidance from the Information Privacy Commission, implement protocols for secure data storage, access, and sharing among relevant stakeholders.
5. Conduct a thorough assessment of current data collection practices across all school boards to identify and address gaps and strengths, and develop adaptable and consistent criteria for data collection for rollout across systems.
6. Work with researchers, subject experts, and communities to develop strategies to identity and address discrimination or disproportionality among Code-protected individuals in the education system.
7. Ensure an intersectional analysis is incorporated into existing and new data related recommendations to understand how vulnerable students are affected.
8. Collaborate with Statistics Canada and relevant institutions to map, retrieve, maintain, and, to the extent permitted by law, share reliable, disaggregated data on Black representation over defined periods of time.
9. Engage with diverse stakeholders including Black educators, students, parents/guardians, community organizations, and advocacy groups to seek input through consultations to ensure that the plan and indicator framework are inclusive, culturally sensitive, and responsive to community needs.
10. Establish mechanisms for continuous monitoring and evaluation by the Ministry of Education and MCM on data-related initiatives and human rights indicators, as well as compliance management and operationalisation of oversight.
11. Publicly publish a report on the results.

Action 20 - Unions Must Establish and Implement a Monitoring Framework

The OHRC calls on unions to monitor and evaluate all initiatives relating to their accountability framework guided by benchmark data, qualitative and quantitative outcomes, and performance and compliance indicators.

Action 21 - Faculties of Education Must Establish and Implement a Monitoring Framework

The OHRC calls on Faculties of Education in Ontario, in partnership with their post-secondary institution and associated human rights offices, to establish a monitoring framework that includes audit, reporting and evaluation to measure the impact of initiatives and programs and implemented by the faculties.

Action 22 - Education Duty-Holders Must Review and Update Complaints Procedures and Processes

The OHRC calls on all educational organizations, including school boards and unions, to review and update complaints procedures to receive, investigate, and resolve complaints of discrimination and harassment.

The complaints procedures should establish an anti-racism protocol for recognizing, acknowledging, tracking, measuring, investigating, and responding to incidents of discrimination, harassment, and poisoned environment reported by students, educators, staff, parents, or the school community. These mechanisms should also provide programs, interventions, and other supports for students and educators targeted by racism, witnesses of racism, and individuals who have engaged in racist behaviors, delivered by trained professionals such as social workers and psychologists. There should also be an effective internal complaint resolution process guided by the OHRC’s Policy and Guidelines on Racism and Racial Discrimination.[159]

Education organizations must implement robust data collection on complaints to monitor and address systemic issues, and share data about discrimination and harassment complaints with unions. Key considerations should include:

1. The number of human rights complaints received, disaggregated by Code grounds.
2. Whether the complaint was from a student, educator, education worker, or other staff.
3. The name of the school in the complaint.
4. The number of internal investigations relating to human rights disaggregated based on Code grounds.
5. The number of applications filed with the Human Rights Tribunal of Ontario.

The Ministry of Education must:

6. Mandate school boards to co-develop a school-based human rights complaints policy, procedure, and process with parents/guardians, caregivers, and members of the broader school community. This includes procedures for addressing issues with school policies or potential discriminatory suspensions, expulsions, and exclusions of children, detailing all recourse. The complaints procedure must consider the existing institutional barriers which impact victims of discrimination. Comprehensive data and reporting requirements should be publicly available.
7. Mandate school boards to inform parents/guardians and caregivers about school human rights complaints policy, procedure, and process. This includes procedures to address issues with school policies and discriminatory use of discipline practices, including but not limited to, suspensions, expulsions, and exclusions. School boards must also inform parents/guardians and caregivers about their right to file an application with the Human Rights Tribunal of Ontario or a complaint with the Ontario Colleges of Teachers.

Intermediate Actions (3-5 years)

Action 23 - Education Duty-Holders Must Develop an Early Intervention System (EIS) for Racial Discrimination and Harassment

The OHRC calls on the Ministry of Education to work with school boards to develop and implement an Early Intervention System (EIS) to track and address potential racial discrimination and harassment complaints reported within the board or schools.

Early intervention systems (EIS), also known as early warning systems, can help school boards to quickly identify and prevent potential human rights issues before they happen. This can be done through collection and analysis of race-based data and identification of patterns of behaviour to alert supervisors of potential issues that must be addressed.

The EIS would help school boards to proactively address racial and other Code-based discrimination and harassment to ensure a safe learning and working environments for all students and educators.

The Ministry of Education in partnership with the relevant education partners must:

1. Develop and implement an Early Intervention System (EIS) for school boards to prevent racial and other Code-based discrimination and harassment by administrators, educators, or education workers.
2. Ensure the EIS aligns with leading practices for data collection, privacy protection, and fairness in monitoring potential misconduct.
3. Integrate Code-based data into the EIS to effectively monitor and analyze incidents of discrimination and harassment.
4. Develop procedures to capture and assess data on behaviors or incidents of anti-Black discrimination and harassment.
5. Engage with the community, including Black students, families, and advocacy groups for input into the procedures and to receive feedback on the effectiveness of the EIS.
6. Use data to publicly report on the effectiveness of school boards preventing racial discrimination and harassment using EIS.

School boards must:

7. Use the EIS to promptly identify patterns of behavior or incidents that may indicate racial discrimination or harassment.

6.3 Student Well-being

Students’ well-being is essential to pursuing success in education, as well as their life goals and aspirations. Black students in Ontario are forced to learn in an environment marked by longstanding systemic anti-Black racism. While some manage to succeed, many struggle because of the discrimination and harassment they experience. Black students should not have to learn in such an environment. Instead, they deserve, and is their right to learn in supportive and positive environs, which give them the same opportunities as other students - allowing them to be educated free from discrimination.

To foster well-being for all students, the Ministry of Education must resource, enhance and expand programs which have shown to improve Black students’ experience in the education system. These programs include, affinity spaces, graduation coaches, tutoring, mentorship work-integrated learning opportunities, system navigators, curriculum supports, and information sharing that specifically seeks to address anti-Black racism and foster positive mental health and well-being of Black students and staff. The Ministry of Education must also provide guidance and support for the creation of school board policies and procedures to address discrimination and improve recruitment.

School boards and schools must have strong policies and procedures to combat racial discrimination and harassment and create a positive learning environment for all students. School board policies should include a clear commitment to human rights and recognize that discrimination can take many forms. Policies should set out clear roles, responsibilities, procedures, and mechanisms for reporting discrimination to someone in authority, impartially investigating and resolving complaints, communicating outcomes to the parties involved while maintaining privacy and confidentiality.

School boards should take a human rights-based approach when developing or reviewing policies or initiatives and consider how discrimination, including anti-Black racism, may be a factor. This involves conducting research and engaging with affected communities, ensuring decision-takers understand and can address human rights issues, including human rights education training as a part of implementation and monitoring and evaluating the human rights impact of all policies and initiatives.

Representation is key. It is essential that school boards educators and leaders represent Ontario’s and their local diverse demographics. Black and other racialized students should see educators, education workers and other staff in the system who look like them. Northern and rural school boards anticipating or experiencing a change in community demographics, should plan for and implement recruitment to reflect this change, including Black educators and develop appropriate supports. This will improve supportive networks for Black students and Black educators in non GTA-Toronto CMA communities.

As well, school boards and schools must regularly engage with Black students and families to foster their success in the education system. Many families, including Black parents/guardians, face barriers in participating in their children’s education because of increased societal challenges, long or irregular work hours, income inequality, lack of access to transportation or childcare. School boards and schools must explore various options to engage with Black and racialized families other than the traditional ‘parent/guardian-educator interview’ or curriculum nights.

Currently, school boards do not have systematic ways to collaborate and share leading practices and lessons learned about Black students’ well-being, anti-Black racism, and discrimination. This has had a systemic negative impact on Black students and Black educators who are exposed to anti-Black racism within schools and school boards.

School boards must explore opportunities to improve collaboration and share leading practices and lessons learned to ensure that Black and other racialized students can learn and succeed in a discrimination-free learning environment. This includes sharing effective practices, funding opportunities, programming, and networking opportunities to leverage the collective experiences of school boards and develop expertise to support anti-racism initiatives.

Immediate Actions (1-2 years)

Action 24 - Ministry of Education Must Monitor and Expand the Graduation Coach Program for Black Students

The OHRC calls on the Ministry of Education to increase provincial investment in the Graduation Coach Program for Black Students across school boards. In addition, the OHRC encourages expanding the program to all school boards and schools in proportion to the local student population.

The Ministry of Education must:

1. Allocate ongoing funding and resources to expand the graduation coach program for Black students.
2. Work with educators, students, and community organizations to establish program standards and guidelines for graduation coach programs across the province including hiring qualified coaches.
3. Mandate school boards to collect and report on comprehensive data, including disaggregated data on an annual basis on the number of participants, academic achievements, graduation rates, and post-secondary placements for all participants in graduation coach programs.
4. Monitor implementation of the graduation coach program across Ontario and conduct periodic evaluations of the program for effectiveness and changes.
5. Include data in the Ministry of Education’s centralized data repositories for analysis and public reporting.

Action 25 – Education Duty-Holders Must Expand the Student and Family Advocates (SFA) / System Navigator Program

The OHRC calls on the Ministry of Education to partner with the Ministry of Citizenship and Multiculturalism (MCM), Ministry of Children, Community and Social Services (MCCSS), and the Ministry of Francophone Affairs to fund the expansion of the Student and Family Advocates program (SFA) provincially with added responsibility to engage parents/guardians and caregivers of Black students to help them navigate the education system to advocate for their children. Data from Student and Family Advocate programs should be shared with the Ministry of Education.

This will foster stronger partnerships between schools and families of Black students, enhance student support, improve educational outcomes, and promote a more inclusive and equitable learning environment for Black students across the education system.

The Ministry of Education must:

1. Work with the MCM, MCCSS, and MFA through the Black Youth Action Plan (BYAP) and Youth Opportunities Fund (YOF) to allow system navigators at the elementary and secondary schools levels to provide supports, including mentorship, tutoring, mental health support, and career guidance to Black students.

School boards must:

2. Develop tailored strategies to support Black families to navigate the education system in culturally sensitive ways, including:
   1. Foster partnerships with community organizations and cultural groups to provide additional support and resources to Black families.
   2. Conduct regular evaluations and gather feedback from parents and communities to assess the clarity, accessibility, and relevance of communicated information.
3. Develop processes which enable Black families to work with the SFA program to Black communities through targeted outreach and communication.
4. Strengthen supports for parent involvement committees (PIC) to broaden community participation and balance representation based on demographics.

Action 26: School Boards Must Create Inclusive Guidance Counselling for Students Transitional Stages

The OHRC calls on school boards to include parents/guardians and their children in the guidance counselling process when students reach grades 8 and 9. The transition into secondary school and the educational pathway selected in Grade 9 can significantly influence students’ opportunities. While ‘de-streaming’ is ongoing, students and their parents/guardians would continue to benefit from understanding the different streams (e.g., ‘academic’ for university, ‘applied’ for college and trades, ‘essential’ for the workforce directly after high school). Including parents in targeted guidance counselling will enhance educators’ accountability to students and parents/guardians during these educational transitional stages.

Action 27: School Boards Must Create Affirmative Education Spaces for Black Students

The OHRC calls on school boards to create affirming educational spaces that respect all Black students’ intersecting identities.

School boards must:

1. Create inclusive school policies and practices that celebrate and validate Black students’ intersecting identities within the school community, including, but not limited to, dedicated spaces for gathering and support.
2. Foster a school climate that promotes respect, understanding, and appreciation for diversity among students and staff.

Action 28: Education Duty-Holders Must Create Black Affirming and Empowering Curriculum

Representation in the curriculum is important to create a more and sustained inclusive non-discriminatory learning environment that imparts the richness of Ontario’s communities to all students. A shift in curriculum development to intentionally incorporate Black history and Black experiences is essential to creating a positive learning environment for Black students. The Ministry of Education, school boards, and unions should support educators in learning and teaching culturally responsive curricula.  

Faculties of Education, OCT, unions, and school boards should build capacity within the curriculum for student educators and educators to develop the skills and competencies the need to teach about Black intersecting identities and to address discrimination.

The Ministry of Education must:

1. Ensure representation of Black intersectional identities in curriculum materials, textbooks, and supplementary resources.
2. Develop and disseminate culturally responsive teaching resources that reflect the diversity of Black experiences, identities, and histories.
3. Provide access to supplementary materials and tools that educators can use to enhance classroom discussions on intersectionality and diversity.
4. In collaboration with Black communities, parents, and community organisations, research and integrate diverse Black narratives, histories, and contributions in the K to 12 curricula as core subject disciplines.

School boards must:

5. In partnership with OCT and unions, school boards, implement mandatory professional development programs for educators on culturally responsive teaching practices.
6. Partner with Black students, parents, community organisations and educators to assess the impact of curriculum transformation on learning experiences and educational outcomes.

Action 29: Education Duty-Holders Must Develop Targeted Recruitment of Black Educators and Education Workers

The OHRC calls on school boards to actively increase the diversity of leaders within the education system, specifically by including Black persons with lived experiences of discrimination. This approach will enable Ontario’s public education system to more effectively better respond to the needs of all students, especially Black students.

School boards must:

1. Develop targeted recruitment strategies to attract Black educators, educational workers, and staff.
2. Establish networks and communities of practice where educators, administrators, and school staff can share knowledge, experiences, and resources related to creating safe and welcoming environments for Black students.
3. Promote diversity throughout the education system, including educators, educational assistants, social workers, guidance counsellors, office staff, vice-principal, principals, and superintendent.
4. Implement targeted initiatives to recruit and retain Black educators in northern Ontario, considering the unique challenges of geographic isolation, limited resources, and lack of supportive networks.
5. Provide additional support and resources to ensure that Black educators in northern Ontario can thrive and contribute effectively to creating inclusive and positive educational environments.
6. Incentivize educators in completing Additional Qualification courses in the areas of culturally responsive pedagogy, anti-racist pedagogy, trauma-informed pedagogy and supporting student well-being.
7. Develop targeted strategies to ensure a pipeline of Black education leaders (including school and system leaders)
8. Develop and implement strategies that are responsive to concerns about discrimination and harassment from Black leaders.

Faculties of Education must:

1. Develop targeted recruitment and retention policies/strategies to attract Black educators, educational workers, and staff.

The Ministry of Education must:

10. Review all hiring and promotion policies to identify and eliminate systemic barriers and biases.
11. Require each school board to undergo a streamline comprehensive employment systems review process and provide report to the Ministry.

Ontario College of Teachers must:

• Offer targeted professional development opportunities focused on culture awareness and culturally relevant or culturally responsive teaching, anti-racism education, trauma-informed practices, and supporting Black student well-being.
• Identify baseline training that is mandatory for graduation.

Collaborative Actions:

• School boards and Faculties of Education must increase diversity in leadership positions.
• School boards, in partnership with Faculties of Education, should develop and implement outreach programs to encourage Black students to pursue careers in education. Resources should be allocated to provide support throughout potential student’s educational journey (e.g., entrance scholarship and bursary).
• The Ministry of Education, in partnership with stakeholders, should develop a standard hiring and promotion policy or guide to ensure equitable access to leadership positions.
• In partnership with unions, school boards and the Ministry of Education must establish and enforce policies and practices that create safe, inclusive, and supporting working environment for Black educators and staff. Policies addressing Code-based discrimination and harassment, including a poisoned environment must be updated and publicly reported to all members.
• School boards and unions should establish mentorship programs, professional development opportunities, and career advancement pathways to support the career growth and engagement of Black staff members.
• OCT should improve offerings of targeted professional development opportunities focused on culturally responsive teaching, anti-racism education, trauma-informed practices, and supporting Black student well-being. School boards should incentivize educators in completing Additional Qualification courses in these areas.

Chapter 7: Next steps, Monitoring and reporting on Implementation

The safety, well-being, and success of all students in Ontario’s publicly funded schools must always be at the forefront. Yet, systemic anti-Black racism and discrimination within this education system is a crisis that requires urgent and sustained action. The OHRC conducted province-wide public consultations and has issued this Action Plan to address the crisis.

The Ministry of Education holds ultimate responsibility for ensuring the success and safety of all students in Ontario’s publicly funded education system, regardless of the decentralized nature of school governance.[160] The Ministry of Education sets the Ontario curriculum[161] and is responsible for developing laws, regulations, policies, and programs for the education system. However, systemic gaps in policy and programs, data collection, and curriculum design reveal a troubling pattern: some students are seen, while others—particularly Black students—are overlooked.

Ontario’s public education system is highly decentralized. Ontario’s 72 publicly funded school boards have significant discretion on how to allocate funds and deliver services. The Auditor General for Ontario reports that the Ministry of Education’s explanation is, “that school boards are each governed by an elected board of trustees who have responsibility for making autonomous decisions based on local needs.”[162] Nonetheless, the Ministry of Education can establish standards, outline expectations for school boards, and monitor the implementation of its policies and programs. It can also set provincial standards for assessment, evaluation, and reporting, and require boards to collect data.

Through province-wide consultations, the OHRC has identified many opportunities for improvement to combat anti-Black racism, discrimination and harassment, and create a safe and discrimination-free learning environment for all students and their families. These start with duty-holders within the education system upholding their obligations under the Code, the Education Act, the Ontario College of Teachers Code of Conduct, and related Ministry of Education’s policies and procedures.

This Action Plan calls first on the Ministry of Education, as the duty-holder ultimately responsible for administering publicly funded education in Ontario, to take the responsibility this entails. The OHRC calls on all duty-holders in the publicly funded education system such as: school administrators, educators, school boards, trustees, the Ministry of Education, unions and Faculties of Education, to be more transparent about their roles and obligations with students, educators and families, monitoring for and combating discrimination, harassment, and poisoned environments, including anti-Black racism and discrimination, and accountability for concrete human rights outcomes across the system for Black students, their families, and for Black educators.

They have a shared responsibility and accountability to creating a learning and working environment for students and staff in Ontario’s education system that is free from discrimination and harassment.  

The OHRC envisions a transformative change in the education system though the calls to action in this Action Plan. So, it calls on all stakeholders to collaborate and embrace a new paradigm that prioritizes human rights and substantive equality.

The OHRC will develop a strategy to monitor the implementation of this Action Plan and publish periodic updates on the implementation. The OHRC will work with duty-holders and rights-holders on the implementation of the calls to action to improve outcomes for Black students and educators.

The OHRC recognizes that school boards and other duty-holders are at different stages in the implementation of various human rights policies, including ones to address anti-racism, and anti-Black racism and discrimination. The OHRC will require school boards to demonstrate continuous improvement towards substantive equality under the Code for Black students and provide verifiable progress updates on the achievements. The OHRC will also continue to engage with unions, the Ministry of Education, Faculties of Education and the Ontario College of Teachers on the implementation of the calls to action in this Action Plan directed to them and will report publicly on outcomes.

The OHRC emphasizes that the Ministry of Education is accountable for these outcomes through the structures and policies it establishes. This responsibility provides both an imperative and an opportunity for the Ministry to fulfill its mandate to serve all children equitably. Addressing anti-Black racism and discrimination in education requires bold, systemic action to ensure that Black students are not only seen but supported, valued, and empowered to thrive. The path forward demands leadership, accountability, and a commitment to dismantling the barriers that have hindered the educational success of Black students and Black educators for far too long.