Chapter 4
How to Obtain & Review Anti-Discrimination Policies (including policies on Antisemitism)
Overview:
Schools must comply with the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and applicable provincial/territorial human rights codes, all of which prohibit discrimination on the basis of race, ethnicity, religion, or national origin. These protections extend to antisemitism. Recent federal and provincial measures have emphasized addressing antisemitism in educational settings.
Legal Framework:
The legal foundation for anti-discrimination policies in Canadian public schools is rooted in the Canadian Charter of Rights and Freedoms (s.15 equality rights) and the Canadian Human Rights Act, alongside parallel provincial and territorial human rights codes. These laws protect students from discrimination and harassment that create a poisoned or hostile learning environment. Public schools, as government actors, must uphold Charter rights, while both public and private educational institutions are bound by human rights statutes.
Across provinces, Ministries of Education issue directives and policies requiring boards to foster safe, inclusive, and equitable schools. For example, Ontario’s Education Act obliges school boards to prevent discrimination and promote human rights, and the Ontario Human Rights Code prohibits antisemitism as a form of religious and ethnic discrimination. Similar protections exist in other provinces and territories.
Canada has also endorsed the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism, which some provinces, school boards, and universities have formally adopted as guidance in addressing antisemitism.
In recent years, federal and provincial governments have strengthened their commitments:
The Government of Canada’s Anti-Racism Strategy (renewed 2023) and the National Action Plan on Combating Hate emphasize antisemitism as a key concern.
The Special Envoy on Preserving Holocaust Remembrance and Combating Antisemitism provides recommendations to education systems on preventing antisemitism.
Provinces such as Ontario have mandated Holocaust education in the curriculum (Grade 6 and Grade 10), with other provinces considering similar measures.
What to look for:
Definitions & Standards
Are “antisemitism,” “hate,” “harassment,” and “discrimination” clearly defined?
Is antisemitism explicitly mentioned?
Does the policy adopt or reference the IHRA Working Definition of Antisemitism, including examples such as anti-Zionism when it denies Jewish self-determination?
Prohibited Conduct
Does the policy cover verbal, physical, and online harassment?
Are hostile environments, intimidation, and retaliation included?
Scope
Do the rules apply only on school grounds, or also at off-campus activities, school trips, extracurriculars, and online spaces?
Reporting & Remedies
Are reporting channels clear and accessible?
Are there anonymous reporting options?
Are investigation timelines defined?
Are remedies available, such as discipline, counseling, safety planning, or restorative approaches?
Are protections against retaliation included?
Education & Training
Do staff receive mandatory training on antisemitism, equity, and human rights?
Are students provided with anti-hate/anti-bullying education?
Are there cultural competency programs and annual policy reviews?
Accountability & Transparency
Are complaint numbers and outcomes tracked?
Does the board report publicly on equity and inclusion progress?
Red Flags
Vague or weak language.
Lack of the IHRA definition.
“Free speech” exemptions that excuse targeted harassment.
What to do if your request is denied:
Escalate Internally
Start with the teacher or principal, then escalate to the superintendent and finally to school board trustees.
Submit requests in writing and keep copies.
Attend a public school board meeting to raise the concern on record.
File a Human Rights Complaint
If the board refuses to address antisemitism, you can file a complaint with your provincial or territorial Human Rights Tribunal (e.g., Ontario Human Rights Tribunal).
Claims may fall under protection against religious discrimination, ethnic discrimination, or harassment.
Escalate to Oversight Bodies
Contact your provincial Ministry of Education or Ombudsman to report systemic issues.
Federal Mechanisms (if applicable)
If there is systemic or cross-provincial concern, raise it with the Canadian Human Rights Commission.
Keep Records
Save all correspondence, denials, and any retaliation incidents. Documentation is critical.
Access to Information (FOI/ATIP)
If a Freedom of Information (FOI) request for policies or data is denied, appeal to your provincial Information and Privacy Commissioner, or pursue judicial review.
