The family of a Canadian elementary student has sued the Peel District School Board (PDSB), members of the administration, and a teacher due to a reported "sustained campaign of antisemitic bullying and harassment in the months following the October 7 Hamas terrorist attack on Israel," the Centre for Israel and Jewish Affairs (CIJA) announced on Wednesday.
The claim was filed on Monday at the Ontario Superior Court of Justice, on the basis of physical assault, hate speech, and repeated targeting related to the war that the student was subjected to. Additionally, despite repeated complaints to teachers and school administrators, no steps were taken to ensure the student's safety
The suit lists examples of the abuse, including an incident where 40 students surrounded the student and directed antisemitic chants at them, including “Jews must die” and “Jews are not worthy of living.” This allegedly took place during a pro-Palestinian protest on school grounds during school hours, in the presence of faculty members.
The filing adds that, following this protest, the principal attempted to shift blame onto the student by claiming they “didn’t exactly hide that [they were] Jewish.
Other incidents include a reported physical assault by other students who pushed the student and blocked their access to the school bus. The student also found “Free Palestine” stickers placed in their locker. One teacher also reportedly singled the student out based on their Jewish identity.
The lawsuit outlines how the defendants – the Peel District School Board, Superintendent of Education Soni Gill, Principal Michael Poole, and the Plaintiff’s teacher, Matthew McIntosh – enabled a "hostile, antisemitic environment through their repeated failure to intervene, uphold school policies, hold offenders accountable, and protect the Plaintiff."
The filing claims that the above parties neglected their duties of care by violating Board policies, failing to meet their obligations under the Education Act, and discriminating against the Plaintiff in contravention of the Human Rights Code.
Pursuing legal action to stop other Jewish students from suffering same abuse
According to CIJA, the family chose to pursue legal action with the aim of preventing other Jewish students from suffering the same abuse. The student's parent said, "No child should be afraid to go to school because of who they are."
"My child was targeted, humiliated, and physically assaulted just for being Jewish – and the people who were supposed to protect them failed to take meaningful action to stop the abuse."
"We took this step not just for my child, but for every Jewish student who deserves to feel safe and supported in the classroom."
The student's family are seeking $750,000 in general damages, $100,000 in punitive, aggravated and/or exemplary damages, and a court declaration that the Defendants failed in their legal duties. CIJA partnered with pro bonoToronto lawyer Jamie Spotswood to represent the family.
"This case reflects a profound failure by the Peel District School Board to uphold its duty of care," said Spotswood. "Schools have a legal and moral obligation to protect all students from hate and violence. When that duty is ignored – especially in the face of such serious antisemitic abuse – the law must step in to ensure accountability and justice.""
Richard Marceau, CIJA's Vice President for External Affairs and General Counsel, said CIJA’s Legal Task Force "is proud to support this important legal action." CIJA's Legal Task Force has helped more than 500 Canadian victims of antisemitism since October 7.
Marceau added that "antisemitism has no place in Canadian schools, and institutions must be held accountable when they allow hate to fester unchecked. "
“The PDSB has already been placed under supervision for its failure to protect students from racism and hate. If it remains unable to uphold that basic responsibility, the government must intervene to ensure the safety of students, faculty, and staff."
