IS YOUR CHILD BEING UNLAWFULLY SUSPENDED FROM AN ONTARIO SCHOOL? (ISPA) Immunization of School Pupils Act
KNOW YOUR RIGHTS:
The Immunization of School Pupils Act requires you to disclose vaccine records of your child or provide a conscience-religious exemption in the form of an affidavit
EXEMPTION FOR CHANGED 2017: The affidavit was changed in 2017 to include a self-incriminating statement. That you are knowingly putting your child and other children at risk.
Many parents who disagree with this statement are rightfully concerned that this is an affidavit and it is a criminal offense to sign a false affidavit, as it states this right on the form.
LAW: The Immunization of School Pupils Act here: https://www.ontario.ca/laws/statute/90i01
If a child is suspended and it can be resolved by the parent signing an exemption paper, then the issue is administrative and does not constitute a health issue.
The Ontario Health Care Consent Act requires consent to all medical treatments to be voluntary:
Therefore; some parents are concerned that being forced to vaccinate their child to attend school or sign a self-incriminating exemption, constitutes coercion, and therefore violates section 11 (3) of the Health Care Consent Act.
Health Care Consent Act: Elements of consent
11 (1) The following are the elements required for consent to treatment:
- The consent must relate to the treatment.
- The consent must be informed.
- The consent must be given voluntarily.
LAW: Health Care Consent Act here: https://www.ontario.ca/laws/statute/96h02
For clarity: The law used to suspended a child is very important because that law will also outline the child’s rights regarding suspension.
1.) Only a principal can suspend a student from public school. https://www.ontario.ca/page/school-suspensions-and-expulsions
2.) A principal can only suspend under the education Act
3.) A principal cannot suspend under public health act.
4.) Public health cannot suspend any child as the ISPA does not give PH the authority to suspend a student. (Because only a principal can suspend a child)
5.) Students can be suspended for up to 20 days. Students who are suspended for:
- one to five school days will receive a homework package from the school
- six to 10 school days must be offered an academic program that will help them continue learning
- 11 to 20 school days must be offered a program with an academic component and a non-academic component to promote positive behavior, such as anger management, substance-abuse counselling or life skills coaching
When a parent receives a suspension notice from public health or school, they may politely contact the principal, (the only person that has the authority to legally suspend a student) and request the suspension in writing,
including;
1.) which act is being used to suspend the student.
2.) which section of that act is being used to suspend the student.
LAW: The Education Act here: https://www.canlii.org/en/on/laws/stat/rso-1990-c-e2/latest/rso-1990-c-e2.html
SOLUTIONS:
WHAT CAN YOU DO if your child receives an unlawful suspension?
You can file an appeal through the Health Service Appeal and Review Board tribunal.(HSARB)
The process is quite easy quick and the entire process is completely done online.
Step 1: Email HSARB to file your appeal at [email protected] They will contact you within a few days to set up a first phone meeting date.
HSARB, will guarantee your hearing within 20 days so it is best to file as quickly as possible, after you receive your suspension notice.
This is important because once the 20 day suspension is completed, Public Health will ask the HSARB tribunal to decide that the case is now ‘moot’ a legal term meaning the case is no longer legally valid, since the suspension conditions have ended and the issue is resolved.
Health Services Appeal and Review Board: Health Services Appeal and Review Board / Commission d’appel et de révision des professions de la santé (hsarb.on.ca)
