Manitoba

Manitoba Human Rights Commission moves transgender girl's complaint to mediation

A family that launched a human rights complaint against a Winnipeg school division will see their concerns taken to mediation, the next level in the process of determining whether their daughter was discriminated against.
The Manitoba Human Rights Commission says the complaint launched by Bella Burgos, above, who transitioned from a boy to a girl last year, and her family that she was discriminated against will now go to mediation. (CBC)

A family that launched a human rights complaint against a Winnipeg school division will see their concerns taken to the next level in the process of determining whether their daughter was discriminated against.

The Manitoba Human Rights Commission has directed the family and the school board to attempt mediation.

"There is sufficient evidence to bring the matter forward," said Azim Jiwa, executive director of the commission.

Izzy and Dale Burgos complained to the commission after their daughter, Isabella, was bullied at Joseph Teres School.

The couple says the bullying started when 'Bella' returned to school in September of 2014 to start Grade 3 as a girl. 

She was bullied, they say, not by students, but by the parent of a friend.

The family, which has since moved to British Columbia, said the school division wasn't doing enough to stop it.

Isabella's story caught fire on social media last fall with Twitter hashtags like #Pink4Bella in support of her. 

Dale Burgos is pleased the human rights commission is taking the complaint seriously enough and has high hopes it can also lead to some education being done at the school level, for both staff and students.

"It could even be with families," he said. "We are looking at policy changes as well so it's clear cut that they have board policies and administrative procedures at the school level."

The mediation is a voluntary step, Jiwa said, and could take place in a meeting or over the phone.

If the parties don't agree to mediation or can't resolve the issues during mediation, the case then goes to adjudication, which is not an optional stage. 

At that point, an independent adjudicator would be appointed and a public hearing would be held.

Jiwa said the process is usually lengthy, but this case is different. 

"Because a child was involved, we tried to expedite the file," Jiwa said.

The commission hopes mediation will take place in the next few weeks. 

The River-East Transcona School Division said it will take part in this next step.  

"We respect the commission's ruling and will continue to work with everyone involved, through mediation, to resolve this," said superintendent Kelly Barkman in a statement. "The mediation process will take some time and once it's done, we'll be able to say more."