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
DEVELOPING Man sets self on fire outside New York court where Trump trial underway
A man set himself on fire on Friday outside the New York courthouse where Donald Trump's historic hush-money trial was taking place as jury selection wrapped up, but officials said he did not appear to have been targeting Trump.
Mandisa, Grammy award-winning 'American Idol' alum, dead at 47
Soulful gospel artist Mandisa, a Grammy-winning singer who got her start as a contestant on 'American Idol' in 2006, has died, according to a statement on her verified social media. She was 47.
She set out to find a husband in a year. Then she matched with a guy on a dating app on the other side of the world
Scottish comedian Samantha Hannah was working on a comedy show about finding a husband when Toby Hunter came into her life. What happened next surprised them both.
On federal budget, Macklem says 'fiscal track has not changed significantly'
Bank of Canada governor Tiff Macklem says Canada's fiscal position has 'not changed significantly' following the release of the federal government's budget.
'It could be catastrophic': Woman says natural supplement contained hidden painkiller drug
A Manitoba woman thought she found a miracle natural supplement, but said a hidden ingredient wreaked havoc on her health.
Young people 'tortured' if stolen vehicle operations fail, Montreal police tell MPs
One day after a Montreal police officer fired gunshots at a suspect in a stolen vehicle, senior officers were telling parliamentarians that organized crime groups are recruiting people as young as 15 in the city to steal cars so that they can be shipped overseas.
Vicious attack on a dog ends with charges for northern Ont. suspect
Police in Sault Ste. Marie charged a 22-year-old man with animal cruelty following an attack on a dog Thursday morning.
The Body Shop Canada explores sale as demand outpaces inventory: court filing
The Body Shop Canada is exploring a sale as it struggles to get its hands on enough inventory to keep up with "robust" sales after announcing it would file for creditor protection and close 33 stores.
Tropical fish stolen from Beachburg, Ont. restaurant found and returned
Ontario Provincial Police have landed a suspect following a fishy theft in Beachburg, Ont.