Family of Black 4-year-old removed from school by police sues Waterloo Catholic board
Family of Black 4-year-old removed from school by police sues Waterloo Catholic board
The family of a Black four-year-old who was removed from school by police has filed a lawsuit against the Waterloo Catholic District School Board.
The suit’s statement of claim alleges the board discriminated against the student because of his race and mental disability and failed in its duty to properly care for him.
The family is seeking $1 million in damages, plus court costs.
The statement of claim says the boy was subjected to ongoing discrimination at school, including isolation, intimidation and lack of supervision.
“He was told that he was not allowed to play with the other children, and he was routinely segregated from the class in a separate isolation room,” the document says.
ONGOING DISCRIMINATION
The suit alleges “almost immediately” upon starting Junior Kindergarten at John Sweeney Catholic School in Kitchener, the student’s mother started receiving calls from the school accusing her son of being disruptive and destructive.
The school further reported they could not understand the student when he spoke, asking his mother if he spoke English. English is the student’s first language.
The boy is a triplet and was placed in a separate class from his siblings, without consulting his mother, the suit says. Despite a suggestion from his mother that his sister could be asked to speak to the student if there was difficulty understanding him, the suit says the sister was never consulted.
On one occasion, the suit alleges the boy wet himself after a teacher did not believe him when he said he had to use the bathroom. It further says he was left in soiled clothes all day.
In another incident, the document says the mother was called to the school for a meeting to create a safety plan for the student, which included isolating him and a medical assessment. The claim says the mother refused to agree to the plan, but the school went ahead with it anyway.
Following that, the document states the mother contacted a child psychologist who indicated the child was too young to have any meaningful results on an assessment.
POLICE CALL
The suit also addresses a November incident where police were called to the school to remove the boy.
The lawsuit says in late November, after working a night shift and turning the ringer off her phone, the boy’s mother missed a phone call from the school indicating she had 15 minutes to pick up her son.
The document says the mother called the school and said it would take her 25 minutes to get there. When she arrived, she says she discovered the school had called 9-1-1 and police had arrived and taken the student home.
The suit says the student was “terrified” by the incident.
“The student was criminalized for behaviours that would not be unique to a trained behavioural team,” the claim says.
Waterloo regional police have confirmed they were called to deal with a student “in crisis” at John Sweeney Catholic Elementary School.
Police say officers worked to deescalate the situation, then drove the boy to a family member's home.
The Waterloo Catholic School Board told CTV News it has received the lawsuit and is reviewing the document, but is unable to comment further.
“As the issue involves a matter that will now potentially be before the courts, the school board is unable to comment further,” a statement from the school board says in part.
The lawsuit claims after the incident, the student and family went through significant hardships.
“The school would not allow the student to return. Each day, when his siblings left for school, the student would cry. He did not understand why his siblings were allowed to go to school and he was not,” the suit said.
The suit said the student’s psychological injuries have required, and will continue to require, treatment for many years to come.
“He has suffered severe trauma that no child should ever suffer,” the suit says.
The board has previously said its actions regarding the November police call followed provincially established policies and procedures.
CTVNews.ca Top Stories
Fire at Cairo Coptic church kills 41, including 10 children
A fire ripped through a packed Coptic Orthodox church during morning services in Egypt's capital on Sunday, quickly filling it with thick black smoke and killing 41 worshippers, including at least 10 children. Fourteen people were injured.

Republicans demand to see affidavit that justified FBI search of Trump's home
Republicans stepped up calls on Sunday for the release of an FBI affidavit showing the underlying justification for its seizure of documents at former President Donald Trump's Mar-a-Lago home.
Weapon in deadly 'Rust' film set shooting could not be fired without pulling the trigger, FBI forensic testing finds
FBI testing of the gun used in the fatal shooting on the movie set of 'Rust' found that the weapon handled by actor Alec Baldwin could not be fired without pulling the trigger while the gun was cocked, according to a newly released forensics report.
Antarctica ice melt is accelerating, and research says an overlooked coastal current is to blame
A new study suggests that Antarctica’s ice shelves may be melting faster than previously believed, which is causing sea levels to rise at a more rapid pace and accelerating the dangers of climate change.
Norway puts down Freya the walrus that drew Oslo crowds
Authorities in Norway said Sunday they have euthanized a walrus that had drawn crowds of spectators in the Oslo Fjord after concluding that it posed a risk to humans.
'Fanaticism is a danger to free expression everywhere': Ignatieff on Rushdie attack
After Indian-born British novelist Salman Rushdie was attacked during a writing conference in western New York on Friday, current and former Canadian politicians are weighing in on what such attacks mean for freedom of expression and thought.
Salman Rushdie 'on the road to recovery,' agent says
Salman Rushdie is 'on the road to recovery,' his agent confirmed Sunday, two days after the author of 'The Satanic Verses' suffered serious injuries in a stabbing at a lecture in upstate New York.
LAPD ends investigation into Anne Heche car crash
The Los Angeles Police Department has ended its investigation into Anne Heche's car accident, when the actor crashed into a Los Angeles home on Aug. 5.
Arizona parents arrested trying to get in locked-down school
Police arrested three Arizona parents, shocking two of them with stun guns, as they tried to force their way into a school that police locked down Friday after an armed man was seen trying to get on campus, authorities said.