Case Study: Pandorini V. Peel Board Of Education

621 Words2 Pages
bulb-icon

Recommended: Role and functions of law

Bringing a Kirpan to School Case Study Analysis
Parsa Hemmati
Law Grade 12

Case Citation:
Ontario Human rights Commission and Harbhajan Singh Pandori v. Peel Board of Education (1991), 3 OR (3d) 531 (Div.CL)
List The Facts:
• Pandorini was a teacher with the Peel Board Of education. As a Khalsa Sikh, he was required to wear a kirpan wherever he went.
• The Peel Board of Education developed a no-weapons policy in response to high amounts of violence and knife related incidents. This created a dispute between Pandorini and the school as they identified his kirpan as a dangerous object which meant he was not able to wear his kirpan on school property.
• Pandorini took his case to the Ontario Human Rights Commission, which set up a Board …show more content…

It ordered that Pandorini be allowed to wear his kirpan on school property certain to some safety restrictions in order to prevent his kirpan from being removed easily.
• The school board appealed this order.

Identify The Main Issue:
Is it justifiable for the School Board to view a kirpan as a weapon and not a religious garb and thus not permitting Pandorini to wear a kirpan on school property or is this discrimination towards Khalsa Sikhs.
Specific Law Applicable To the Case: Section 10(1): A right of a person, under Part 1 is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction, or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member except where,
(a) The requirement, qualification or factor is reasonable and bona fide (in good faith) in the circumstances...

Arguments in support of respondent:
• Pandori and the Human Rights Commission argued that there had only been three reported incidents where a kirpan was used violently in a Toronto area and also none of these incidents happened in a school.
• No record or evidence of a Kirpan being used as a weapon in any Peel

Show More
Related

  • Elementary School Case Study: Frugis V. Bracigliano

    1190 Words  | 3 Pages

    (Frugis v. Bracigliano, 2003). The judges in this case needed to determine of Elmwood Park Board of Education was at all responsible for this act due to lack of supervision of Bracigliano (Frugis v. Bracigliano, 2003). The facts of the case explain that Bracigliano obstructed views into his office as soon as he became the principal in 1982, which was against a New Jersey law that required every room used by school staff to have a view into it (Frugis v. Bracigliano, 2003). During his tenure as principal a state inspector ordered that the covering be removed, which it was, but only temporarily (Frugis v. Bracigliano, 2003). The School Board was aware that the covering was ordered to be removed by the state inspector, but they never verified that it had in fact been removed (Frugis v. Bracigliano, 2003). Staff members were also aware that students frequently visited Bracigliano’s office, the door was locked, and pictures were taken when the students were in there (Frugis v. Bracigliano, 2003). Several staff members also witnessed Bracigliano doing inappropriate things to students, but they were unaware of the procedure to report these acts and, therefore, the acts went unreported to Bracigliano’s superiors (Frugis v.

    Read More

  • Mills Vs Board Of Education Case Study

    627 Words  | 2 Pages

    The third legal issue I chose was Mills vs The Board of Education of The District of Columbia. In 1972 this case was brought to the courts representing seven children, as well as nearly 18,000 other students in the District of Columbia area. These children were classified as having behavioral, intellectual, and emotional disabilities, as well as hyperactivity. All of these children were denied an educational services and public education by being excluded, suspended, expelled, reassigned, and transferred. They were denied based solely on their disability, and without due process. This case was the other of the two that laid the ground work for Section 504 of the Rehabilitation Act of 1973 to be passed.

    Read More

  • Board Of Education V Pico Summary

    581 Words  | 2 Pages

    Board of Education v. Pico is a Supreme Court case that was argued from March 2, 1892 to June 25, 1982 (Island Trees…). This case presents the issue of banning “vulgar and immoral” books from school libraries (Board of Education, Island).

    Read More

  • Canadian Justice System Case Study

    1259 Words  | 3 Pages

    This relation believes that the “law shapes --and is shaped by-- the society in which it operates (Elizabeth Comack,2014) As people our interactions and experiences are administered by our social positioning in society, and that social location is conditioned by three key elements: our race, class, and gender. These three elements have been used to divide, separate and categorize society. (Comeck,2014) . Racial profiling is something that I believe is extremely evident in Canada. Racial profiling is defined as targeting individuals for law enforcement based on the colour of their skin, which can lead to practices like carding. (Chan, 2007). Carding is a police practice that involves stopping, questioning and documenting people in mostly non-criminal encounters. (Chan, 2007) Stopping people on the street for no reason to ask them who they are, and what they are up to is outrageous and can have fatal consequences. On September 24, 2014, at 10:00pm Jermaine Carby was sitting in the passenger seat of his friend’s car while out for a drive. They were pulled over for a traffic stop in Brampton by a Peel police officer. This police officer went around to the passenger’s side and asked Carby for his identity so he could card him. When conducting this street check the officer discovered the Vancouver had a warrant for his arrest. Allegedly, this is when Carby started threatening officers with a large knife. A knife that witnesses nor

    Read More

  • R. V. Turpin Case Study

    946 Words  | 2 Pages

    The Canadian Charter of Rights and Freedoms was implemented 1982 has been essential in providing justice for all Canadian citizens. Countless amounts of cases have been decided to create the Charter that is well known in today’s society. Sharon Turpin and Latif Siddiqui were accused of first degree murder and according to the law, the trial was supposed to be tried by a judge and jury. The accused demanded a trial by judge alone because they believed that they were entitled to such a right. The R. v. Turpin case was a significant case that was tough to decide upon because there were many violations of different statutes such as the Canadian Charter of Rights and Freedoms, and the Criminal

    Read More

  • Jackson V. Birmingham Board Of Education Case Study

    933 Words  | 2 Pages

    Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972

    Read More

  • Schizophrenia and Involuntary Treatment in the Case of Malka Magnesia

    2240 Words  | 5 Pages

    Department of Justice (2010): Canadian Charter of Rights and Freedoms. http://laws.justice.gc.ca/en/charter/1.html#anchorbo-ga:l_I. (Last retrieved: December 7th, 2010).

    Read More

  • Board Of Education V. Foster Case Study

    1133 Words  | 3 Pages

    The case under review involves Bill Foster, who attends a large high school in the northeastern part of the United States. Due to a strong gang presence in the high school, the administrators created a strict policy which denies students the wearing of earrings, jewelry, athletic caps, and emblems. Foster was suspended for wearing an earring to school. He claims that wearing the earring was a form of his self expression and individuality; his intention was not as a gang emblem, but rather a means to attract girls. Foster is suing the school district for violation of his freedom of expression right, guaranteed under the First Amendment of the United States Constitution.

    Read More

  • The Ontario Human Rights Commission (OHRC)

    1454 Words  | 3 Pages

    The Ontario Human Rights Commission (OHRC) is an acclaimed organization that prevents discrimination through educating and promoting human rights in Ontario (OHRC, About the Commission). Their goal is for each individual in Ontario be valued; so that everyone can participate and feel they are an important part to the community while being respected and treated with dignity. As well, they make sure each individual take responsibility for the rights of others, so human rights can be achieved by all (OHRC, About the Commission). OHRC accomplishes this through wide range of educational activities and partnership initiatives to promote code violations and advancement of human rights and reduce discrimination, to decrease the occurrence of formal human rights complaints (OHRC, Public Education). Their website provides the public with access to a wide array of information and educational resources. OHRC provides educational sessions to employers, unions, professional associations, community organizations and other groups who are partners with them to develop a culture of human rights (OHRC, Public Education). While decreasing the occurrence of formal human rights complaints, they maintain fair hiring and employment practices and also encourages diversity in the workforce and they do not tolerate any form of discrimination or harassment in the workforce. (OHRC, Employment) When the OHRC deliver services to the public they make sure to be responsive to the diversity of the population served, and stay fair to each person, and their right to be free from discrimination by keeping them informed always (OHRC, Our Commitment to Service). Section 30 of the Ontario Human Rights Code allows OHRC to prepare, approve and publish human rights policie...

    Read More

  • Racial Profiling by Police in Canada

    2887 Words  | 6 Pages

    Tator, H., & Henry, F. (2006). Racial profiling in Canada: Challenging the myth of 'a few bad apples'. Toronto, Ontario: University of Toronto Press Incorporated.

    Read More

  • Tinker v. Des Mointes School District

    623 Words  | 2 Pages

    Furthermore, the opinion of the Supreme Court reveled that students can express their opinions anywhere even when the principal clearly made a rule banning armbands so problems would not be created. The disruptions from armbands could ca...

    Read More

  • Justice Fortas And Tinker V. Des Moines Case

    732 Words  | 2 Pages

    Justice Hugo Black dissented and feared that the Court’s ruling would cause more revolutionary actions from students. However, Justice Fortas addressed this potential outcome. He says, “Certainly where there is no finding and no showing that engaging in the forbidden conduct would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school," the prohibition cannot be sustained.Burnside v. Byars, supra at 749.” The school’s ban of the armbands could not be upheld because the expression had not caused any harm. If the students underwent another expression, the school would still have the power to make a decision. If their actions were disruptive, the school would still have the power to limit these actions. The students’ rights are still protected, and the school still has the authority to operate the

    Read More

  • Not a Magic Solution to School Problems

    1674 Words  | 4 Pages

    ...nts, children like policy of wearing uniforms.” The Indianapolis News 2 May 1994, Home Edition: D1. Online. Newsbank. NewsBank NewsFile Collection. 2 February 1999.

    Read More

  • Exploring the School Uniform Debate

    519 Words  | 2 Pages

    as determined by the board of trustees, states a bona fide religious or philosophical objection to the requirement. This law is what many parents in Texas who oppose the school uniform requirement use to fight against the decision of the schools to impose uniforms.

    Read More

  • The Argument Against Uniforms in Schools

    794 Words  | 2 Pages

    Anyone can sneak into YOUR school wearing a uniform pretending they are a student, and possibly be selling illegal items. Say two people look alike, wearing the same uniform. One of them has committed a serious crime. They both walk by the camera at the same time. You can’t tell them apart. So safety? Same thing as theft. They say this is a free country, when they do this and make students wear uniforms, this curtails their freedoms. The school board is giving off one simple message by doing this...

    Read More

More about Case Study: Pandorini V. Peel Board Of Education

Open Document