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  1. In 2023, there are many conversations about Canada as systemically racist and oppressive. Specifically, anti-Back racism and anti-Black oppression dominate the discussion. This report will examine how the systems- such as the legislation and judicial decisions- in Ontario have treated Black Canadians and Black Ontarians in Education. The laws regarding discrimination from 1991 to present and case law on discrimination will be explored to examine systemic racism and anti-Black racism in Ontario from 1991 to present. This author is unaware of any law from 1991 to present that is discriminatory and promotes and/or allows and/or legalizes anti-Black racism. Do the systems and structures in Ontario promote and/or allow for anti-Black racism in Education? The fundamental framework of this writing is based on the concept that systems are built on polices and policies are extensions of the applicable laws that govern said policies. Case law/judicial decisions are reflections of the laws and how the policies should be applied and interpreted. Hence, systems are the laws and case law on applying the laws that determine how the systems operate. In order to assess systemic racism and anti-Black racism, the laws and case laws regarding opportunities will be examined. In 2023, any law, policy, or action that negatively treats and/or disadvantages a Black person for their colour and/or race and/or ancestry and/or ethnicity and/or country or origin would be illegal and unlawful as per the Charter and the Ontario Human Rights Code. EDUCATION Legislation: 1991-to-Present The Charter of Rights, 1982, and the Ontario Human Rights Code, 1990 (Updated version from 1962), give people protection from discrimination in services: education is considered a service protected under the social area of “Service”. The Code has primacy in Ontario and the Charter is considered the most important legislation in the country. These two acts provide the foundation for systems to operate in Canada. These two pieces of legislation significantly shape how structures and systems function in Ontario. They both, by law, make anti-Black racism contrary to law at the highest levels of legal authority. The Charter reads: 15. (1) Every 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. The Ontario Human Rights Code, 1990, (hereinafter “the Code”) states people have a right to equal treatment in receiving services, employment, housing, unions and vocational associations and contracts. Education: a Service Area protected by the Ontario Human Rights Code The leading legislation for education in Ontario is the Education Act, R.S.O. 1990, c. E.2. This act and the policies borne from this act and the Code strictly ban-prohibit/outlaw/disallow any forms of racial discrimination. Excerpts from the Act are provided below. “The Education Act at 303.1”: Board support for certain pupil activities and organizations 303.1 (1) Every board shall support pupils who want to establish and lead activities and organizations that promote a safe and inclusive learning environment, the acceptance of and respect for others and the creation of a positive school climate, including, (a) activities or organizations that promote gender equity; (b) activities or organizations that promote anti-racism; (c) activities or organizations that promote the awareness and understanding of, and respect for, persons with disabilities; or (d) activities or organizations that promote the awareness and understanding of, and respect for, people of all sexual orientations and gender identities, including organizations with the name gay-straight alliance or another name. 2012, c. 5, s. 12; 2016, c. 5, Sched. 8, s. 9. School Boards in Ontario have offices designated for diversity and inclusion which focus on increasing awareness to anti-Black racism and implementing programs to counter anti-Black racism. One example would be the TDSB’s “IDC4U: Deconstructing Anti-Black Racism” policy. For this period, 1991-to-present, there is no piece of legislation in Ontario that governs education that promotes and/or fosters and/or authorizes anti-Black racism. All forms of anti-Black racism are prohibited the legislation that governs education. EDUCATION Case Law: 1991-to-Present Case law on how the Code and the Charter address discrimination and anti-Black racism are provided below to assess how the “systems” are applying the Code and the Charter with respect to discrimination and anti-Black racism in Education. Examples of how case law apply these rights are provided below. Ontario Teacher Candidates’ Council v. The Queen, 2021 ONSC 7386 (CanLII), https://canlii.ca/t/jlcvg This case speaks to the court’s position that the aspiring teachers’ right to Section 15 of the Charter outweighed the students’ and the public’s benefit to address math scores in the province. Section 15 of the Charter states that every individual in Canada must be treated equally, regardless of “their race, religion, national or ethnic origin, colour, sex, age, or physical or mental disability”. The government’s laws and programs must not discriminate against individuals on any of these enumerated (or analogous) grounds. The decision found that the importance of diversity-specifically anti-Black racism- outweighs the benefits of higher standards for teachers. This specific example refers to the Math Proficiency Test, MPT, which was a requirement for teachers to become eligible to teach in Ontario. The decision removed the requirement for teachers to demonstrate math proficiency in order to be eligible to teach in Ontario. The decision, at paragraph 35 reads: “The demographic data from the First Administration of the MPT between May 10 and June 26, 2021 continues to show that success rates differ significantly across race categories. Candidates who identify as Indigenous and Black have success rates that are 20 percentage points lower than those of White candidates. French-speaking candidates have a significantly lower success rate than English-speaking candidates. Candidates who speak a language other than English or French (“Allophones”) have an even lower rate of success. Allophones continue to perform poorly on subsequent attempts to write the MPT. The majority of the French-speaking candidates who were not successful on the MPT were unsuccessful on the pedagogy component of the MPT.” In summary, the Court found that Asian and White candidates were passing at a rate of 87% and African candidates had a pass rate of 58% and Caribbean candidates had a pass rate of 71% so the requirement was cancelled and deemed a Charter breach. A few more excerpts pertinent to assessing the case law’s position on systemic racism and anti-Black racism are provided below. Further citations from the decision are provided below: Overview [1] The Applicants seek judicial review of Ontario’s Mathematics Proficiency Test (“MPT”), a standardized math test that all teacher candidates must pass to become certified as teachers in Ontario. The Applicants seek a declaration that the MPT and the provisions requiring it violate s. 15 of the Canadian Charter of Rights and Freedoms (the “Charter”). [2] The question on this application is whether the MPT has a disproportionate adverse impact on entry to the teaching profession for racialized teacher candidates and if so, whether it can be justified under s. 1 of the Charter. [3] The evidence points to significant disparities in success rates of standardized testing based on race, including statistical evidence of racial disparities with respect to the MPT specifically. The deleterious effect on diversity is somewhat ameliorated by subsequent attempts available to retake the MPT. [4] The MPT infringes s. 15 of the Charter and cannot be justified under s. 1. The Respondent has not discharged its burden of showing that the MPT minimally impairs the rights of racialized teacher candidates. There were reasonably available alternatives to the MPT that on their face appear to be less impairing and at least as effective in achieving the goal of improving student achievement in math. These include requiring a minimum number of hours of math instruction or a math course in B.Ed. programs, requiring an undergraduate math course as an admissions requirement for B.Ed. programs or waiting to see the effects of the other parts of the Respondent’s four-year math strategy. [5] The Respondent’s efforts to address equity issues related to the MPT do not meet the minimal impairment requirement where there are other options available that would not impair anyone’s rights. Racialized teacher candidates who have been disproportionately unsuccessful on the MPT should not have to keep retaking the test. There is a cost to retaking the test in time and money for those who are least likely to be able to afford this and there is no undertaking that going forward, teacher candidates will not have to pay to retake the MPT. [6] There is an under-representation of racialized teachers in Ontario schools. Racialized students benefit from being taught by racialized teachers. The deleterious effects of the MPT on racialized teacher candidates who have been disproportionately unsuccessful on the test outweigh its benefits. [153] The EQAO Literature Review found that teacher licensure tests may cause more harm than good and often do not meet their goal of improving student learning. The Respondent’s experts do not dispute the existence of racial disparities in the rates at which teacher candidates pass or fail standardized tests. [154] The data from the MPT confirms these studies. The demographic data from both the Field Test and the official MPT results show statistically significant differences in success rates based on race. [155] The deleterious effect on diversity is somewhat ameliorated by the success rate on second and third attempts at the MPT. However, the cost of retaking the MPT, in time and money, will impact those who are least likely to be able to afford it. The Respondent has given no undertaking that, going forward, students will not have to pay to retake the MPT. Moreover, racialized teacher candidates should not have to keep retaking the MPT when other options exist that would achieve the objective without impairing anyone’s rights. [156] In conclusion, the MPT’s deleterious effect of the breach of equality rights outweighs the salutary effect of encouraging teacher candidates and Faculties of Education to focus more on math skills. The objective could be achieved directly by introducing math course requirements for admissions to B.Ed programs or in B.Ed programs themselves. This would be significantly less impairing of equality rights and at least as efficacious in furthering the objective of improving student achievement in math. [157] Accordingly, the Respondent has failed to demonstrate that the MPT is a reasonable and justifiable limit on the Applicants’ equality rights under s. 1. Ontario Teacher Candidates’ Council v. The Queen, 2021 ONSC 7386 (CanLII), <https://canlii.ca/t/jlcvg> The courts, tribunals, and legal bodies are manifestations of how the laws are applied. These are the systems and the structures that engage the legislation. The Human Rights Tribunal of Ontario frequently applies the Ontario Human Rights Code to protect Black Ontarians and/or Black residents and/or guests of Ontario. The HRTO has a dearth of evidence to evidence its position on anti-Black racism. CM v. Bradford West Gwillimbury (Town), 2019 HRTO 1501 (CanLII), <https://canlii.ca/t/j3g2p>, In “CM v. Bradford West Gwillimbury (Town), 2019 HRTO 1501”, the applicant was a minor and was represented by a Litigation Guardian. The HRTO found that the minor experienced anti-Black racism after being suspended for being a fight. The minor was awarded $15,000 by the HRTO. Excerpt below: [2] The specific allegation in this Application focussed upon the respondent’s decision to ban the applicant from the respondent’s recreation centre (“the Leisure Centre”) as well as the local public library for a total of 15 consecutive months, as a consequence of the applicant’s involvement in a fight at the Leisure Centre on March 29, 2017 and his subsequent use of inappropriate and profane language directed towards the Leisure Centre staff. The applicant alleged that the severity of the respondent’s action, as demonstrated by the length of the ban and the lack of consideration of the applicant’s age and disability, was discriminatory and was the result of racial discrimination and therefore a breach of the Code. (CanLII), <https://canlii.ca/t/j3g2p>, JKB v. Peel (Police Services Board), 2020 HRTO 172 (CanLII), <https://canlii.ca/t/j5mq2> The HRTO has found anti-Black racism exists in implicit bias. In essence, this means that anti-Black racism can be seen and recognized without any actual evidence but exists as an invisible entity unknown even to the perpetrator of anti-Black racism. The HRTO has made findings based on “implicit bias” meaning that the Adjudicator found that she could see racism inside the unconscious minds of others. JKB was a minor, six years old, represented by a Litigation Guardian at the HRTO. The Police were called to a school the young, female, Black child was deemed uncontrollable. The evidence is that the Officers had no training in dealing with children with emotional issues and the school and the school’s resources were incapable of handling the girl. The evidence suggested that the Officers made efforts to engage and support the child but her behaviour presented a health and safety threat to herself. The Police handcuffed her. A few excerpts from “JKB” are provided below: On the stage, the applicant began throwing objects at the principal and DP tried to get her to stop. At one point the applicant picked up a chair leg and tried to hit the principal, but DP was able to stop her. Both the principal and DP attempted to de-escalate the applicant, asking her what they could do to help her. However, she continued to throw objects, including books, at the principal. At one point she threw a book backwards and it hit DP on the lip, resulting in him getting a ‘fat lip’. DP’s description of this suggests that it was more by accident that he got hit by the book than that the applicant aimed the book at him. [35] When the applicant continued to attack the principal, DP restrained the applicant using the child lock hold for a while as the principal tried to negotiate with her. DP would hold the applicant and let go when they felt like the applicant was calming down, but then the applicant would escalate, and DP would have to hold her again. This went on for 20-30 minutes before DP and the principal finally took the applicant to the office. [36] After they got to the office, they locked the door. The applicant began to run around the office, again hitting the principal and throwing objects at her, so DP restrained her again using the child lock hold. He would restrain her and let go and then restrain her again using this same method. The applicant was screaming and was being restrained by DP when the police were called because DP and the principal were not able to de-escalate her. By the time the police arrived, the applicant had finally calmed down and was sitting in the office. Throughout, the officers continued to try to de-escalate the applicant by continuing to speak to her calmly, asking her what was wrong, telling her that they were trying to get hold of her mother, telling her she had done nothing wrong. DP said that in addition, the principal pleaded with the applicant to stop. The officers warned the applicant that if she did not calm down, if she did not “behave”, they would have to handcuff her. They also asked whether the applicant’s parent had been called. The officers took the applicant to the front office and placed her on a chair with one officer on either side, each holding one of her hands. Meanwhile she was wriggling, flailing and kicking her feet and trying to break their grip. DP testified that the officers had had to be “hands on” with the applicant because she was “kind of all over the place.” The officers tried to de-escalate the applicant. NE said that they used “professional tactical communications” to try to calm the applicant down and figure out what was going on but had no luck. DP agreed that the officers had no greater success than he had had in de-escalating the applicant. Specifically, the applicant alleges that she was subjected to differential treatment on September 30, 2016, because of her race, when two police officers treated her in a manner that was lacking in the care and compassion with which a White child would have been treated by handcuffing and shackling her at her school. The applicant asserts that the circumstances in which this occurred are such that an inference of implicit racial bias on the part of the officers can be drawn. [163] The expert opinion evidence provided by JC and Dr. K. explained how, in a dynamic situation, such as the one in this case, implicit bias can kick in and be a factor in decisions made by police. Dr. K. said that once it registers that someone belongs to a different group – for example in the case of a White person, that the other person is Black -- the negative characteristics and stereotypes associated with that other group are activated in our brains. Those characteristics and stereotypes influence how that other person is perceived and how they are treated. Dr. K. also testified that research on implicit bias has demonstrated that in the case of Black children, because of the stereotypes and negative characteristics triggered, Black children may be perceived to be older, bigger, stronger, faster or more of a threat than they really are simply because they are Black. Canadian research has shown that Black children engaging in exactly the same behaviour as White children are perceived to be older, more muscular, more aggressive than they actually are with the result that it is perceived that more force is needed to control a Black child than a White child. JKB v. Regional Municipality of Peel Police Services Board, 2020 HRTO 1040 (CanLII), <https://canlii.ca/t/jchw9>, The child was awarded $30,000 by the HRTO. The system in place prioritized Black rights and took action against anti-Black racism over the health and safety of school staff, the Back student herself, the Police Officers and the community. The case also states that the family had been contacted but did not arrive in a timely manner so the Police were left to address the child’s behaviour. In questioning the evidence to support the presence of systemic anti-Black racism in education, this decision should be considered and weighed. Is the government engaged in anti-Black racism in Education? Education Success Programs and Policies: Anti-Black Racism The Ontario government invests millions and millions to support Black students. They have designed programs to exclusively help Black students that would otherwise be discriminatory to support Black students. A few examples of these programs that discriminate for ameliorative purposes are: The University of Toronto has the Black Student Application process (BLASP) for medical and law students. These programs award consideration for lived Black experience and Black perspective. The aim of this application program is to increase and support Black medical student representation at the University of Toronto. Through BSAP, we hope to break down some of the barriers that might impede Black students from applying and nurture an inclusive environment that is welcoming to all. The BSAP benefit For Black candidates seeking to enrol in the JD degree at UofT Law, the BSAP provides an optional admission stream for any applicant category: general, mature or Indigenous. All JD degree applicants are assessed on their post-secondary academic record, LSAT performance and their personal profile. For BSAP applicants, your personal profiles will be reviewed by members of the UofT Law Black community, including our alumni, faculty, students and staff. The review enables us to better recognize the unique perspectives and experiences of Black individuals and their Black communities. https://applymd.utoronto.ca/black-student-application-program https://www.law.utoronto.ca/bsap Queens: Black Student Applicant Category Our Faculty of Law is committed to increasing Black representation within the legal profession and supporting Black students who choose Queen’s. We will consider applications based on any personal or professional experiences that allow an applicant to contribute to the law school community and further the law school’s goal of building a representative and diverse class cohort. We will also consider other factors, such as: academic performance, LSAT results, employment history, letters of reference and a Personal Statement. https://law.queensu.ca/admissions/jd/admissions-process/first-year/admission-categories Graduation Coaches: Black Students The Ontario government continues to advance and promote the success of Black students as part of its plan to provide every student with an opportunity to realize success. In partnership with community organizations and to provide targeted supports for Black students, this school year, the province is investing a total of $4.3 million, reaffirming its commitment to offer all students access to quality learning environments that are free of discrimination or bias. Community investments for 2021-2022 include: $400,000 – to Lifelong Leadership Institute to provide programming and activities focused on enhancing arts, academic, entrepreneurship, technology and leadership skills for Canadian youth of Jamaican, African-Caribbean and Black heritage $200,000 – to the Pinball Clemons Foundation to provide comprehensive social, athletic and academic programming and activities to marginalized and racialized youth $150,000 – to Parents of Black Children to deliver its tutoring program in French, Math and English for Black students from Kindergarten to Grade 12 $50,000 – to Jaku Konbit to provide African-Caribbean Black Canadian youth in Ottawa with after-school educational cultural programming. The government is also investing in the Graduation Coach Program for Black Students. For 2021-2022, Ontario will provide an additional $566,000 to the $2.94 million already invested in the program. For 2022-2023, the initiative will receive an additional $1.17 million. https://news.ontario.ca/en/release/1001660/ontario-supporting-the-success-of-black-students TDSB: Centre of Excellence for Black Student Achievement The Centre of Excellence for Black Student Achievement is the first of its kind in public education in Canada. The Centre of Excellence is dedicated to improving the experiences and outcomes for Black students and aims to be responsive to the voices of Black communities who continue to advocate for systemic change within educational institutions and for dismantling anti-Black racism at the TDSB. https://www.tdsb.on.ca/CEBSA Africentric Alternative School (GR. JK-08) Together we build, succeed and lead. The Africentric Alternative School began operating in September 2009 in response to an initial community request for such a school in June 2007 to address a high dropout rate and achievement gap affecting students of African descent. TDSB initiated a consultation process with stakeholders. In January 2008, a report titled Improving Success For Black Students was presented to the Board of Trustees with a number of recommendations. Ultimately, the Board approved a recommendation to establish the Africentric Alternative School to open in September 2009 at Sheppard Public School. Since this time, the school has expanded to grade 8 as of September 2015 serves 120 students https://www.tdsb.on.ca/Find-your/Schools/schno/3949 In 2016, Legal Aid Ontario offered a one-time grant of $200,000 for two organizations to provide legal representation, advocacy, or legal education to Black students facing suspension or expulsion hearings and who "are in conflict with the education system." This grant was part of Legal Aid Ontario's Racialized Communities Strategy that was developed following consultations with community leaders who reported that Black students were disproportionately punished, suspended, and expelled. This is another example of the system supporting Blacks and fighting anti-Black racism. The weighted voting system was introduced in one of the Ontario Secondary Teachers’ Federation (OSSTF) bargaining units located in the Halton region which consists of roughly 1,400 teachers and staff, according to the website. Is there evidence of anti-Black racism in Education? The argument for the existence of anti-Black racism in education is typically centered on success outcomes and rates of disciplinary measures. Anti-Black racism advocates frame their argument as “Blacks are outperformed academically so there must be anti-Black racism” and “Black students are disciplined more so there must be anti-Black racism”. If outcomes for racialized students are better than White students, is there systemic racism? In assessing if there is anti-Black racism, it should be noted that there is no evidence of systemic racism. The evidence from “Towards Race in Equity” -a study on TDSB, Ontario’s largest school board, -found that being racialized was advantageous in comparison to being White in terms of academic success, graduation rates, post-secondary enrolment, and suspension rates. “Towards Race in Equity” suggests that there is no systemic racism in education that favours Whites over racialized groups. Figure 8 shows that more Black students attend college than whites and more “other/non-white and non-black students” attend university than white students. White students do not lead any academic category. They are not disciplined the least. They are not the top academic achievers. Within this cohort, 84% of White students had graduated from high school at the end of 5 years, compared to 87% of other racialized students. *The study writes 18% for other racialzied students but the chart states 18% In closing the argument that there is no systemic racism in Education in Ontario, the following facts are presented: Other racialized students graduate at a rate of 87%- which is higher than Whites. East Asian students are 19% of the student population yet represent 2% of expulsions. This is a much lower rate of expulsions that Whites. 85% of other racialized students have zero suspensions- against 82% of white students. 60% of other racialized students go on to university against 47% of white students. Argument 1: “Blacks are outperformed academically so there must be anti-Black racism” While education is a bedrock foundation for human development, Black students in Ontario have appreciably worse education outcomes. In Toronto, the dropout rate for Black students is 23%, compared to 12% for White students. Black students also achieve lower EQAO (Education Quality and Accountability Office) test scores in mathematics, reading, and writing. https://www.bcg.com/en-ca/publications/2020/reality-of-anti-black-racism-in-canada In considering that being racialized is statistically an advantage in Ontario schools in terms of graduation, suspensions, and post-secondary enrolment, the question is how can there be anti-Black racism. The other racialized students are outperforming Whites so is race and colour the reason for Black under performance in education? Logistically, how can a system be designed to keep racialized students at the top and Blacks at the bottom of settler groups? The disparities are present in standardized testing. How can a standardized test be racist against Blacks yet favourable for other racialized students? Canada and Poverty and Income Equality It is established statistically that poverty and family types impact measurements of societal success such as crime rates, academic success, and income averages. In 2020, the poverty rate for one-parent families headed by a woman with a child aged 0 to 5 was 31.3%, the highest among all family types, and more than five times the rate of couple-families with a child of the same age (6.0%). Among racialized groups, 10.8% of South Asian, 15.3% of Chinese and 12.4% of Black Canadians lived in poverty in 2020. Asians represent about 20% of Canada’s population and are about 6% of the incarceration rate. The leading income earners in Canada are Korean and Japanese males. https://www12.statcan.gc.ca/census-recensement/2021/as-sa/98-200-X/2021009/98-200-X2021009-eng.cfm https://www12.statcan.gc.ca/census-recensement/2021/as-sa/98-200-X/2021009/98-200-X2021009-eng.cfm The evidence suggests that female led single parent families face a higher rate of poverty. This should be considered when assessing the degree of systemic and structural racism impacting Black Ontarians as a potential contributing variable. This may also be linked to poorer academic results. Answer: “Blacks are outperformed academically so there must be anti-Black racism” There is no correlation between being racialized and a lack of academic success in Ontario schools. In fact, the evidence is clear that being racialized is an advantage in Ontario schools. It is possible that other variables such as poverty and family structure influence academic outcomes. Argument 2: “Black students are disciplined (suspensions and expulsions) more so there must be anti-Black racism”. There is no argument that Black students are being disciplined for legitimate reasons. Typically the reasons for expulsion and suspensions are kept confidential and are not disclosed; however, when they are revelated the offences can be quite severe. The argument seems to be that Black students are engaging in behaviours that merit discipline more than other students not that they are disciplined without cause. It is not certain how schools are responsible for the behaviour of students. The obligation is for schools to prevent and respond. Schools have a public safety obligation to address concerns with offensive behaviour. In considering that Black students are often the victims of the concerning Black behaviour in schools, it would be racist to not act to prevent the behaviour. Toronto schools are becoming increasingly dangerous. In February of 2023, an unidentified 15 year old student at Weston C.I. was shot in the school parking lot. In February of 2022, Jahiem Robinson, a Black student, was “executed” at David and Mary Thompson Collegiate in Scarborough and a 14 year was charged. In November of 2022, Jefferson Peter Shardeley Guerrier, a Black student, was fatally shot at Woburn Collegiate in Scarborough. In July of 2020, T’Quan Robertson, a Black man was charged for the alleged shooting of two young girls, sisters, in a Scarborough park. Sheldon Eriya, also Black, was charged in the shooting. Robertson received a 13 year sentence. https://www.cbc.ca/news/canada/toronto/tquan-robertson-charge-1.5781653#:~:text=T'Quan%20Robertson%20was%20sentenced,%2C%2025%2C%20was%20sentenced%20Thursday. In November of 2020, 12 year old Dante Andreatta was murdered, gunned down while walking home from grocery shopping with his mother. The suspects were all black: Jahwayne Smart, Rashawn Chambers and Cjay Hobbs. Black people are overrepresented among persons accused of homicide In 2021, 20% of people accused in Canada of homicide were identified as Black, representing an increase from 14% in 2020. The rate of Black people accused of homicide was almost 6 times higher than the rate for non-racialized people (8.17 accused per 100,000 population compared with 1.43; see Figure 1). Black male persons accused of homicide accounted for 65% of all racialized male persons accused of homicide and Black female persons accused of homicide represented 54% of all racialized female persons accused of homicide. Black adult males account for 4% of the total population and are accused of 20% of all homicides which should be considered as a factor for any statistical disparities in police interactions, incarceration, rates, school suspensions/expulsions, and overall data when assessing anti-Black racism. Generally speaking, one should consider if the groups with the strongest link to anti-societal behaviour (homicide) should expect an inverse relationship with measurements of school discipline. https://www.justice.gc.ca/eng/rp-pr/jr/obpccjs-spnsjpc/index.html In Canada, Black male persons accused of homicide accounted for 65% of all racialized male persons accused of homicide and Black female persons accused of homicide represented 54% of all racialized female persons accused of homicide. Black students make up 48% of all expulsions despite being 12% of the student population in TDSB. In a study called “Homicide Among Young Black men in Toronto: An UnrecognizedPublic Health Crisis” by Akwatu A.Khenti the author cites: “Between 1991 and 2002 young Blacks were estimated to account for some 30% of murder victims and approximately 36% of offenders in Toronto area homicides” . Khenti’s report does not define “young” but does state that the Toronto Black population for this period was 10% of the tidal population. It is also did not state what percentage of Toronto’s total population was “young, Black men”. The University of Toronto’s Homicide Tracker states that 44% of homicide victims are Black. They do not present any data for the accused/offenders. https://www.cbc.ca/news/canada/toronto/new-uoft-research-sheds-light-on-homicides-1.6315931 Answer: “Black students are disciplined more so there must be anti-Black racism”. Students are disciplined, or not, based on their behaviour. Systemic and structures do not create behaviour. They respond to behaviour. Other racialized students operate under the same system with no evidence of having any issues which precludes systemic racism from complicity in the behavior of students and the disciplinary outcomes. Other racialized groups excel over Whites in income earnings, academic success, and have lower incarceration rates. Argument 3: Slavery creates anti-Black racism in Education By the 1790s, the number of enslaved Black people in in Upper Canada (Ontario) was estimated between 500 to 700. In 1793 legislation was passed that prohibited new slaves to be brought into the region. Ultimately, in 1833, slavery across the British Empire, and the colonies, was made illegal. This pre-dated Confederation, the birth of Canada, by over thirty years. In 1867, when Ontario was born there were zero slaves in the province. In 1850, the Common Schools Act was passed. This gave free elementary education to all in the region. It also allowed for segregation. In 1951, the Black population in Canada was 18,020.In 2016, there were 539,205 African Canadians in Ontario, representing 4% of the provincial population. In addition, this 2016 population data is useful in considering the historical impact of previous time periods and the oppressive and discriminative laws and structures of those years. The impact of slavery that existed in Upper Canada up to 1793 should be considered in context with the generations who lived in the British colony and those who moved to present day Ontario. https://www150.statcan.gc.ca/n1/pub/89-657-x/89-657-x2019002-eng.htm Answer: Slavery creates anti-Black racism in Education For those in 2023 who have a direct lineage to the 500-700 African slaves who lived in Ontario in the 1790’s, they have a claim to slavery impacting their education through anti-Black racism. However, they did have 230 years to recover. The other students who, in 2023, suggest they experience anti-Black racism due to Ontario’s legacy of slavery, they did not experience slavery in Ontario. The source of their anti-Black racism should be directed to those who enslaved them and/or sold them and/or benefited from their enslavement, not any systems and/or structures in Ontario. The Black Ontarian population in Ontario almost exclusively came to Ontario as per their own request and will. Education, initially at the elementary level then for secondary, in Upper Canada and Ontario has always been free. Black people historically have received free education in Ontario. Prior to the 1950’s it was common for schools to be segregated on the basis or religion, race, and language; however, it was always free and available. Save for a few outliers, the practise of segregation finished prior to the 1950’s until recently. The current philosophy in education is to return to segregation and have Black only schools and Black teachers for Black students. Argument 4: Teachers are racist and a lack of Black teachers explains the disparity in performance and discipline The teachers’ union in Ontario is consistently pushing literacy on anti-Black racism and white privilege. The Ontario Secondary School Teachers' Federation for district 20 also has a policy to ensure what white votes cannot have a majority. To ensure equity, non-white union members would have their vote weighted more than white members. https://www.westernstandard.news/news/ontario-teachers-union-opts-for-controversial-weighted-voting-to-bolster-minority-representation/article_682137b9-2a82-599d-a37c-d5c60fba31e1.html The Elementary Teachers’ Federation has their “white privilege lesson plans” available online for their teachers. In framing Ontario’s teachers as racist and the educational system as “systemically racist” these points should be considered. https://www.etfo.ca/classroom-resources/white-privilege-lesson-plans/white-privilege-lesson-plans The Toronto District School Board recently discarded the meritocracy behind their “special programs”. The programs were assessed to be racist because of the standards applied for acceptance. The programs are now following a race-based assessment criteria. 25% of the spaces are being given to students from “historically and underrepresented” communities. As per the TDSB, this only includes: Black, Asian, Middle eastern, Latinx (their spelling) 2SLGTBQiA+ and students with disabilities. There is no consideration for any white students who have been historically marginalized and disadvantaged through poverty, military service, social class structures, or ay other reason. The Tennessee Star Experiment An experiment in Tennessee involving 79 schools randomly matched students. The study claims that Black students matched to Black teachers did, in fact, have better long-run outcomes. Black students who were exposed to Black teachers by third grade were 13% more likely to enroll in college. If kids had two Black teachers by third grade. The study did not continue to match past the third grade and the report attributes the higher success rate to Black teachers filling a void in role models for Black students. The claim is that Black students lack role models and Black teachers. This report is applied to evidence in Ontario of anti-Black racism. It is not clear how Black youths below grade 3 in Tennessee lacking role models plays a role in Ontario’s education system but this is an argument often played by activists. It is also left unclear as to why the state/government schools should be providing role models for children as this traditionally has been understood to be the role and purpose of parents, not the state. Answer 4: Teachers are racist and a lack of Black teachers explains the disparity in performance and discipline As opposed to teachers being racist against Black students, they are racist against White teachers and White students. The white privilege campaigns and indoctrination program seeks to demonize whites are oppressors, racists, and underserving of their success. The system also seeks to prioritize Black students over school and public safety by engaging in efforts to lower suspension and expulsion rates for Black students despite engaging in prohibited and dangerous behaviour. Special programs are no longer merit based in order to facilitate less white student engagement. Teachers and the school; system look towards hiring less White teachers in order to adopt a state funded role model program to support Blacks students. Every other settler group finds role models from their family and parents except one. The state is not responsible for a lack of parenting. All of these facts indicate Black students have more resources, power, advantage than any other group in Ontario which counters the point that teachers engage in anti-Black racism. The settler group with the highest level of violent and homicidal behavior is the Black community. This co-relates to school suspensions and expulsions. Despite schools making every effort to not discipline Black students, the group still engage sin the most disruptive behaviour. Closing Facts There are zero laws that are anti-Black racism There are zero legal bodies and legal forums that promote anti Black racism There are zero policies anywhere in Ontario that are anti-Black racism There are zero examples of historical anti-Black racism since 1990 and the Ontario Human Rights Code. There were zero slaves in the history of Canada and the last slaves in Upper Canada were in the 1790’s. The vast majority of Black Ontarians are recent immigrants which means they never and their family never experienced pre-1962 discrimination in Ontario. They have no link to “historical marginalization”. Closing Notes- Nota Bene I write this as a person who emigrated from Poland in the 1960’s and left a Communist regime. I grew up in a Franco-phone town in Northern Ontario and heard many “Polish jokes”. Our town had English-French language tensions and the idea that White people never experienced discrimination in Canada does not match with my lived experience. Italians, Russians, Germans and Anglophones who knew my town in the 60’s and 70’s would agree. My grandchildren are being taught that meritocracy is not important but group identity is. 2023 Ontario is very similar to communist Poland. Ontario’s goal is equal outcomes for racial groups, not meritocracy. Public safety is not as important as equity. There is only one settler group having problems in Ontario. All of the other groups and many people within that group are finding great success. Only a small percentage of the 4% are struggling and the government is blaming everyone but Them.
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