Waterloo Catholic board response to review of police call on Black child lacks accountability, advocates say

Advocates say they're disappointed in the way the Waterloo Catholic District School Board (WCDSB) responded to an Ontario Ministry of Education review of how the board handled a situation where police were called to deal with a four-year-old Black student. 

On Monday, the board met to discuss findings of the report, which made 14 recommendations, including hiring Black experts to address student behavioural concerns and amending policies to ensure staff are disciplined for racist or discriminatory actions. 

But advocates who attended the meeting say the discussion between trustees and the director of education did not centre the experiences and concerns of Black families and lacked accountability. 

"I think that meeting was brutal," said Alice Penny, president for the African Canadian Association of Waterloo Region and Area. "They didn't take any responsibility."

"Disappointing," added Fidelia Ukueje, president of Nigerians in the Region of Waterloo.

Though the school board said it's reviewing the recommendations for consideration, Penny isn't optimistic they'll be implemented. Instead, she's calling for the director of education's resignation.  

"Something in that leadership needs to change so that systems actually start to change." 

Review of incident 

On Feb. 25, the ministry launched its third-party review after it was publicly revealed that Waterloo regional police were called to John Sweeney Elementary School for a kindergarten student in crisis last fall. 

The four-year-old was said to be acting violently, and police said officers worked to de-escalate the situation before driving the child home. 

Advocates spoke out, suggesting systemic anti-Black racism played a role in the incident that they say criminalized the child.

The provincial review wrapped up last week with a report released to the school board and family. The full report has not been obtained by CBC News.

It also made five recommendations to the ministry, including amending protocols related to students in kindergarten to Grade 3, to limit 911 calls for ambulance service only as a last resort. 

Ontario, community response needed

On Monday, the board's director of education, Loretta Notten, presented her response to the report and the recommendations made by the provincial investigator.

She described the report as a blueprint to further action on anti-Black racism, supporting students in crisis and the relationship with parents.

"There is more need for work at the local level, but our dedication to that work and our investment in that work is not new. It has been a priority and remains one moving forward."

Notten said some recommendations go beyond the school board's scope and will require provincial support. This includes revising performance appraisal and review processes to include measures that protect human rights, advance anti-racism work and hold school leaders accountable.

She said the province will also have to weigh in on the recommendation for mandatory professional learning developed by Black or racialized experts.

One recommendation that suggested the school board revise its safety plan protocols for kindergarten to Grade 3 related to limiting 911 calls would require consultation with community partners and other school boards.

Notten acknowledged calling police on a racialized student "has an impact that is different and more significant as a result of a history of systemic racism."

"Black children are criminalized far too often and in disproportionate numbers. In some cases it may be because staff take a 'colour blind' approach — that is, treating all students equally, without realizing the potential for differentiated impact," she said. "We at WCDSB are committed to examining any role that WCDSB plays in that systemic reality."

Penny said that comment was especially upsetting.

"They are not treated equally. So for [Notten] to sit there and say that, It was very difficult to hear."

A spokesperson with the ministry has not responded to a request for comment.

Board discussion missed mark

Penny said the board discussion that followed was most disappointing.

Trustees asked several questions, but she said ones that stood out to her were about what resources were offered to impacted staff, whether there were recommendations targeting marginalized groups that were non-Black and how the board would respond if a similar incident happened in the future. 

"Why can we never focus on the problems on anti-Black racism?" Penny asked.

Ukueje said there was a greater focus on the single incident, rather than the core issue — systemic racism — which undermines how frequently these incidents occur.

"Almost every African family you speak to has this experience of being criminalized, being disrespected, being not treated the same way," she said.

Paul Okoye, who is also a local advocate, said the conversation continued to go back to the system.

"What would it do to the system? How would it reflect on the system?" he said. "No one asked how is the child doing right now?" 

Other questions asked were about the investigation process and who was involved, what the next steps were with regards to the recommendations, and how the board is working with the province to implement changes. A student trustee asked about the board's plan to hire more racialized staff.

When asked whether it was a fair report, Notten said: "We would disagree with a number of characterizations in the report, but are prepared to accept overall recommendations."

Notten said she hopes an update on the recommendations will be brought back to trustees by September.

Other recommendations for the school board include:

• Hire Black consultants to work with Black families to navigate school board special education, discipline, academic and well-being conversations and processes.
• Hire and work closely with Black special education experts to develop culturally responsive policies and supports to address behavioural concerns. As well, include information around notification, appeal and complaint procedures at each stage of the process. This process must be accessible. 
• Create a communications plan, support templates and accountability measures for record keeping to ensure timely communication to families when situations arise.
• Develop a process that includes data collection related to these incidents for those in Kindergarten to Grade 3. This will help find disparities that negatively impact Black and other already marginalized student groups. 
• Develop a training plan for superintendents and administrators about processes leading up to, for and following an exclusion.
• Create a diverse school entry team to meet with parents during kindergarten registration to discuss transition needs.
• Develop better ways to explain to families the roles, experts, and all information related to professional supports available to students. For example, occupational therapists and child and youth care workers. 
• Develop policies about the design, regulation of calming rooms and ensure they are used for de-escalation purposes only. 

Recommendations for the ministry include:

• Develop provincial guidance on the expectations of principals and vice-principals for 911 service intervention. Specifically, provide clear direction if a child is required to leave the school with emergency responders. 
• Develop clear direction for when principals can allow the removal of a students from the school or classroom, as outlined in the Education Act. This must include information about notice to parents and the appeals process.
• Amend the provincial model for local police/school board protocols with respect to students in kindergarten to Grade 3, limiting 9-1-1 calls for ambulance service only as a last resort. 
• Require school boards to submit demographic data to the ministry when a student is removed from school or classroom. 
• Require mandatory training for ministry liaisons when advising school boards on the use of exclusions. This training must include information about anti-Black racism, racial profiling and Black youth and police interactions.

For more stories about the experiences of Black Canadians — from anti-Black racism to success stories within the Black community — check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.