This is a joint project between Osgoode Hall Law School, the University of Toronto, and Lincoln Alexander
Project Type: Legal Research and Writing
Fields of Law: Education Act, Human Rights Code, Charter of Rights and Freedoms, Class Proceedings Act
Positions Available: 1 student
About the Black Legal Action Centre (BLAC)
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 Details
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 otherwork 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 Volunteer(s)
Complete all project responsibilities as described above.
Is A Work Plan Required For This Position?
Yes.
If yes, the student(s) must reach out to the lawyer supervisor, draft a work plan, and submit it by email to the Program Coordinator and the lawyer supervisor by November 1st at the latest. Please note that workplans are required for all legal research and writing projects.
What Type Of Training Will the Organization Provide?
Note: All first year PBSC volunteers and all volunteers working on research projects must also attend a PBSC/Thomson Reuters legal research strategies workshop.
All students will be invited to participate in staff internal training workshops relating to the research topic and other related areas of law.
How Many Hours Per Week Will the Student Volunteer(s) Be Expected to Volunteer?
3-5 hours per week.
Will The Student(s) Be Expected To Show Up For Regular Shifts Each Week?
No regular shifts. Schedule is flexible.
Is Workspace Provided For the Student Volunteer(s)?
Most of this work can be done remotely. However, BLAC does have laptops, desks, and printers
that students can use, if needed. We generally are at the office on Thursdays between 9 to 6.
Requirements and Expectations
- History of self-directed research.
- Strong research background (e.g. freedom of information requests).
- Interest in the subject matter.