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
'We've been abandoned': Man dies in B.C. town waiting for health care near ambulance station
For the second time in less than a month, a resident of Ashcroft, B.C., died while waiting for health care.

Canadian home sales fall for 5th month in a row, down 29 per cent from last July
Canada's average resale home price fell 4.5% from a year ago in July and was down 5.4% on the month as buyers continued to sit on the sidelines amid rising borrowing costs.
British regulator 1st in world to OK Moderna's updated COVID booster
British drug regulators have become the first in the world to authorize an updated version of Moderna's coronavirus vaccine that aims to protect against the original virus and the omicron variant.
Canada less than halfway to Afghan resettlement goal one year after Taliban takeover
A year after the Taliban seized control of Kabul, Canada's resettlement efforts have lagged behind official targets and the efforts to help those fleeing the war in Ukraine. More than 17,300 Afghans have arrived in Canada since last August compared to 71,800 Ukrainians who have come to Canada in 2022 alone.
Anne Heche taken off life support, 9 days after car crash
Anne Heche, the Emmy-winning film and television actor whose dramatic Hollywood rise in the 1990s and accomplished career contrasted with personal chapters of turmoil, died of injuries from a fiery car crash. She was 53.
China announces new drills as U.S. delegation visits Taiwan
China announced more military drills around Taiwan as the self-governing island's president met with members of a new U.S. congressional delegation on Monday, threatening to renew tensions between Beijing and Washington just days after a similar visit by U.S. House Speaker Nancy Pelosi angered China.
Padma Lakshmi 'worried and wordless' over attack on ex-husband Salman Rushdie
Padma Lakshmi is supporting her ex-husband Salman Rushdie in his recovery. The 'Top Chef' star tweeted Sunday that she is 'relieved' Rushdie is 'pulling through after Friday's nightmare' in which he was stabbed multiple times while on stage in New York.
Colonial Building in Newfoundland won't be renamed after all: provincial government
The Newfoundland and Labrador government says it will not be changing the name of the Colonial Building in downtown St. John's.
5 ways being single can cost you more
Amid high inflation and rising cost of living, a person's relationship status can impact their finances. There are five ways in which flying solo can put you at a financial disadvantage and a few ways to mitigate them.