This is a joint project between Osgoode Hall, University of Toronto Faculty of Law & Lincoln Alexander School of Law.
Name of Organization: Black Legal Action Centre
Website of Organization: www.blacklegalactioncentre.ca
Organization's Mandate: Established in 2017, the Black Legal Action Centre (BLAC) is an independent not-for-profit community legal clinic, funded by Legal Aid Ontario, that combats individual and systemic anti- Black racism by providing free legal services, conducting research, developing public legal education materials, and engaging in test case litigation and law reform.
Project Name: Addressing Anti-Black Racism in Ontario’s Education System
Project Type: Research (memoranda used for internal purposes only)
Project Delivery: Remote. However there is staff onsite one day each week (usually on Tuesdays) if the student wishes to work from our office location.
Description of Project: While the existence of systemic anti-Black racism within the education system is generally acknowledged, there is a lack of clarity regarding the collective remedies available to Black students experiencing this discrimination. An individual who has experienced discrimination can turn to the Human Rights Tribunal of Ontario, but is there a way to address the collective harms caused by systemic anti-Black racism within the education system?
In this project, a student will research three potential avenues of collective redress for systemic anti-Black racism within Ontario’s education system: class actions, Charter challenges, and group Human Rights Tribunal applications. Students will focus on three main ways in which anti-Black racism can manifest – suspensions, expulsions, and streaming (i.e. dividing students into academic or applied tracks) – and weigh the pros and cons of each course of action.
The relevant research questions may include:
• As a starting point, what is the social science background to anti-Black racism in the education system, i.e. how does anti-Black racism manifest in suspensions, expulsions, and streaming? (Students can review previous sociological reports, statistics, and other work done in this area to educate themselves about this topic.)
• Other sociological questions include: Are there differences across the province (e.g. in poorer and/or more racialized communities)? What are the long-term implications of streaming (e.g. graduation outcomes, socio-economic status, job, career, etc.)?
• Is there prior litigation on this area, or in similar jurisdictions?
• What can be learned from similar cases? (Association of Ontario Midwives, migrant workers and DNA test case)
• What are the relevant school board policies? What are the legal issues that they raise?
• From a procedural point of view, how would each avenue of redress work?
• Who is the appropriate respondent?
• What kind of evidence would BLAC need to move ahead with (an) action(s)?
Students can list the pros and cons of each avenue of redress, but cannot provide legal advice. In other words, students cannot recommend the most viable or best option for BLAC. Students will provide objective legal information.
If the student finds that the research portion of this project is relatively straightforward, they may be able to move ahead with freedom of information (FOI) requests and other work to support this project.
Role of Student Volunteers: Complete all project responsibilities as described above.
Role of Supervising Lawyer(s): Review and approve the student’s work plan. Provide guidance and feedback throughout the research process. Review the student’s final research product(s) for accuracy and thoroughness.
Type of Law: Administrative law, civil litigation. Education Act, Human Rights Code, Charter of Rights and Freedoms, Class Proceedings Act.
Main Project Deliverable: Creating produced content (e.g. research memos, brochures, podcasts, etc.)
Number of Student Placements: 1 student
Hours per week the student volunteer(s) will be expected to work: 3-5 hours/week
Regular shifts or a flexible schedule: No regular shifts. Schedule is flexible.
Is there a workspace provided for the student at the Organization: Most of this work can be done remotely. However, BLAC does have laptops, desks, and printers that students can use, if needed.
Devices and technologies the students will be required to have: Computer, internet, phone.
Is there an expectation for the student(s) to be bilingual: No.
Law School Pre-Requisites: N/A
Other Requirements or Expectations: History of self-directed research. Strong research background (e.g. freedom of information requests). Interest in the subject matter.