Providing a Safe Learning Environment for Queer Students in Canadian Schools: A Legal Analysis of Homophobic Bullying

Abstract

This article reviews Canadian administrative law regarding homophobic bullying and school board decision making. Depending on the provincial legislation, school boards either have a mandatory or a discretionary duty to provide queer students with a safe learning environment. However, Canadian case law has arguably limited that discretion. Recent school climate studies from Canada, the United States, and the United Kingdom reveal unsettling statistics of homophobic bullying and the related negative consequences to queer students’ mental and physical health. Fortunately, the evidence also shows that queer students benefit from attending schools with inclusive curricula and supportive policies, such as permitting students to form gay–straight alliances. Given the developing state of the law on this issue, human rights advocates should gather strong evidence to hold school boards to their duty and challenge homophobic policies and attitudes.