June 2025 - Minaz Jivraj My Take: Beyond the Privacy Veil: Restoring Transparency and Trust in Canadian School Governance

For additional context, the author invites readers to review the following resources: this Facebook video, which highlights a recent incident relevant to the discussion, and the website Hold Schools Accountable, which documents broader concerns regarding transparency and accountability in educational institutions.

Introduction

Privacy protections in education serve a vital purpose: safeguarding students’ sensitive information. However, across Ontario and broader Canada, a concerning trend has emerged where these same protections are misapplied, creating a culture of institutional secrecy. This practice obscures critical information about violence, bullying, and misconduct, ultimately compromising student safety and eroding essential parental trust. Drawing upon documented cases and advocacy efforts, this analysis examines the systemic nature of this issue and argues for reforms prioritizing transparency and accountability within our education systems.

Systemic Secrecy: When Privacy Becomes a Shield

School boards increasingly invoke legislation like Ontario’s “Municipal Freedom of Information and Protection of Privacy Act (MFIPPA)” and the “Education Act” to withhold details of serious incidents from parents and the public. While these laws rightly grant parents access to records concerning “their own children”, boards often interpret them restrictively, using "privacy" as justification for non-disclosure, even when incidents directly impact students’ safety and well-being.

This pattern is not isolated but systemic. Advocacy organizations, such as Hold Schools Accountable, have meticulously documented numerous instances where boards minimize, mischaracterize, or conceal incidents ranging from violence to abuse. This operational silence fosters distrust and demonstrably undermines student protection.

Documented Cases: The Human Cost of Secrecy

·       Peel District School Board (PDSB): A violent assault on a student was met with institutional gaslighting, policy breaches, refusal to cooperate with police, and concealment of facts. Only court-ordered document releases revealed the truth, contradicting the board's initial dismissal of the assault as an "isolated incident"; a recurring tactic noted by advocates (Hold Schools Accountable, 2023; Ontario Ministry of Education, 2020). This case catalyzed the formation of Hold Schools Accountable.

·       Toronto District School Board (TDSB): Canada’s largest board faces persistent criticism over handling violence. Following a student shooting, investigative panel recommendations were reportedly ignored, and a 2015 report described a pervasive "climate of fear" (Toronto Star, 2022). Controversy also arose over secret installation of surveillance cameras in administrators' offices, raising profound transparency concerns without prompting formal inquiry.

·       Thames Valley District School Board (TVDSB): Egregious violations include a teacher secretly recording underage students with a pen camera and a custodian charged with kidnapping/sexual assault whose prior work history was withheld from requesting parents. These incidents exemplify a pattern of critical information suppression (Documented Cases via Hold Schools Accountable).

·       Hamilton-Wentworth District School Board (Sir Winston Churchill SS): The tragic 2019 fatal stabbing of 14-year-old Devan Bracci-Selvey, witnessed by his mother, saw school officials remain silent, invoking privacy to justify withholding information during an acute community trauma. Police became the sole information conduit.

·       Ottawa-Carleton District School Board (OCDSB): Multiple lawsuits allege mishandling of bullying complaints and cover-ups involving teachers accused of sexual abuse, some spanning decades. Parents were reportedly forced into lengthy court battles due to opaque board processes, highlighting a reliance on privacy to evade scrutiny.

Misapplication of Privacy Laws: Accountability Evaded

The core issue lies not with privacy laws themselves, but with their selective and inconsistent application. MFIPPA and the Education Act are too often wielded as tools to avoid institutional accountability:

*   Internal Investigations & Impunity: Boards frequently conduct internal reviews whose findings remain unpublished, with no meaningful sanctions applied, creating cycles of impunity.

*   Minimization Tactics: Serious incidents are routinely labeled "isolated," preventing recognition of systemic problems and forestalling necessary reforms.

*   Obstructing External Oversight: Reports indicate instances where schools delayed or blocked police interviews with students, citing procedural concerns over immediate safety needs (CBC News, 2021).

*   Inconsistent Application: While boards cite privacy to withhold negative information, they simultaneously seek broad parental consent for using students' images on social media platforms, revealing a concerning double standard.

Impact: Eroded Trust and Compromised Safety 

The consequences of this secrecy culture are profound:

·       Erosion of Parental Trust: Parents feel deliberately excluded and disempowered when denied crucial information about their children's safety and school environment.

·       Compromised Student Safety: Concealing patterns of violence, discrimination, or misconduct prevents timely interventions and systemic solutions, leaving students vulnerable.

·       Unnecessary Burdens: Families endure significant emotional and financial strain when forced into legal action simply to uncover facts or seek justice.

·       Silencing Advocates: Educators and staff who raise legitimate concerns may face professional repercussions, chilling necessary internal oversight.

Vulnerable Students and Human Rights Concerns 

The lack of transparency disproportionately impacts vulnerable groups. The Centre for ADHD Awareness Canada (CADDAC, 2023) reports inconsistent application of mandated supports for students with disabilities, sometimes removing accommodations without parental notification or explanation. This failure to communicate raises serious concerns under human rights frameworks.

Advocacy and the Imperative for Reform 

Initiatives like Hold Schools Accountable, born from Peel parents' experiences and now encompassing families across multiple Ontario boards, exemplify a growing demand for change. Their collective experiences underscore systemic failures and the urgent need for structural reform.

Pathways to Reform: Restoring Trust

To dismantle the culture of secrecy and rebuild trust, evidence-based reforms are essential:

1.  Mandate Independent Investigations: Schools cannot credibly investigate themselves. Third-party oversight is crucial for unbiased outcomes and restoring public confidence.

2.  Implement Transparent Reporting Protocols: Establish clear, publicly accessible frameworks for reporting safety incidents and outcomes, balancing necessary privacy with essential community awareness (Informed by IPC Ontario guidelines).

3.  Ensure Clear Liaison with Law Enforcement: Formalize protocols prioritizing student welfare and safety collaboration with police, removing institutional barriers to external investigation.

4.  Engage Parents and Communities Proactively: Foster trust through regular, transparent communication and collaborative safety planning involving parents and community stakeholders.

5.  Apply Privacy Laws Consistently and Transparently: Develop and enforce clear board-wide policies ensuring privacy laws protect students, not institutional reputations. Justifications for non-disclosure must be specific and legally sound.

Conclusion 

The misuse of privacy legislation as a shield for institutional secrecy within Canadian school boards represents a fundamental betrayal of the trust placed in them by parents and communities. The documented cases from Peel, Toronto, Thames Valley, Hamilton, Ottawa, and beyond reveal a systemic pattern that endangers students and fractures the essential partnership between schools and families.

Privacy protections are necessary, but they must not be weaponized to evade accountability. Parents have a right to transparency, students deserve demonstrably safe learning environments, and communities require honest communication. Implementing independent oversight, establishing clear and fair reporting mechanisms, and fostering genuine engagement are not merely administrative tasks; they are moral imperatives for rebuilding a trustworthy and effective public education system. The time for self-policing behind closed doors is over; the focus must return unequivocally to protecting the students and families these institutions exist to serve.

References

1.  Centre for ADHD Awareness Canada (CADDAC). (2023). Submission on K to 12 Educational Standards. Retrieved from (https://caddac.ca/wp-content/uploads/CADDAC-submission-of-K-to-12-Standards.pdf)

2.  CBC News. (2021, May 26). Parents of Black children take matters into their own hands to report racism in schools. Retrieved from (https://www.cbc.ca/news/canada/toronto/anti-black-racism-reporting-tool-ontario-schools-1.5933508)

3.  Hold Schools Accountable. (2023). Case Studies on School Violence and Secrecy. Retrieved from (https://holdschoolsaccountable.ca/)

4.  Information and Privacy Commissioner of Ontario (IPC). (2019). A Guide to Privacy and Access to Information in Ontario Schools. Retrieved from (https://www.ipc.on.ca/sites/default/files/legacy/2019/01/guide-to-privacy-access-in-ont-schools.pdf)

5.  Ontario Ministry of Education. (2020). Review of the Peel District School Board. [Formal government report relevant to PDSB case]

6.  Parents of Black Children. (2025). Know Your Rights Toolkit. Retrieved from (https://parentsofblackchildren.org/wp-content/uploads/2025/04/Know-Your-Rights-Toolkit.pdf)

7.  Toronto Star. (2022). Parents Say Toronto Schools Are Failing to Protect Kids from Violence.

8.  Contextual Video: Relevant footage illustrating advocacy concerns can be viewed via Hold Schools Accountable: (https://www.facebook.com/watch/?v=1229202538757397)

9.  Note on Legal Cases/Articles: References to Supreme Court rulings (Mondaq, 2023), school board lawsuits against social media (Sherrard Kuzz, 2023; Muskoka411, 2023; CBC Radio, 2023), and social media consent debates (Reddit, 2023) are included in the original reference list and provide relevant legal and societal context, though specific arguments derived directly from them should be carefully attributed if used substantively.

Minaz Jivraj MSc., C.P.P., C.F.E., C.F.E.I., C.C.F.I.-C., I.C.P.S., C.C.T.P.

Disclaimer:The information provided in this blog/article is for general informational purposes only and reflects the personal opinions of the author. It is not intended as legal advice and should not be relied upon as such. While every effort has been made to ensure the accuracy of the content, the author makes no representations or warranties about its completeness or suitability for any particular purpose. Readers are encouraged to seek professional legal advice specific to their situation.