Wednesday, February 8, 2023

Arrested for attending school - not really

Right-leaning publications are reporting that a Canadian student has been arrested for attending classes at his high school, and/or that he was arrested for hsi political views. Of course, neither is true and none of the many reports I have read address the main issue.

The most important point, dare I say "fact", here is that the school in question is non-public and as such, like any business, can make choices as to its services and its customers based on the law and as described in the contract, aka "enroment agreement". No-one has a right to attend a private school. Once a school offers you a place and you sign the agreement, both sides are bound by the provisions of that contract.

When you sign up to a non-public school, you sign up to its Mission, values, program and approaches. At least, you sign up to what is disclosed in a prospectus, on a website or in the agreement. If you do not receive that, or if the reality is different from the promise, then the school is in breach of contract.

In return, you promise to conform to the Mission, accept the values and proram and approaches, and in effect to play nicely.If you don't, then you are in breach.

Here, for whatever reason, the school suspended the student and so his remedies would be to appeal per the provisions of the agreement, pursue a breach of contract action, or perhaps file an action under whatever other legislation applies. Should he have been suspended? That's a different argument. Was his suspension lawful? That depends on the contract and a judicial review, however no principal would take such action without clear, legally-supported guidelines, and frequently without specific and relevant legal advice.

Supsension typically stipulates that the student may not step foot on campus until a specified date or a process such as a Board hearing. In essence, a suspension is a trespass notice. The student ignored the suspension and went on to campus, apparently into classrooms, and that is why he was arrested. I am certain that he knew what he was doing, that several discussions had ensued and warnings been issued before police were called and that the police officers also gave warnings before they acted.

Ths person was not arrested for attending class, he was not arrested for his political views. He was arrsted for being a "prohibited person".

**Please leave your comments and queries below**

Further reading

https://www.dailymail.co.uk/news/article-11725303/Teenager-ARRESTED-attending-class-suspended-challenging-transgender-ideas.html

https://www.theepochtimes.com/ontario-catholic-student-arrested-as-gender-belief-controversy-escalates_5040575.html


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