Challenging school bullying.

• Author: Luhtanen, Melissa
• Position: Human Rights law

Last month over 400 Lord Beaverbrook High School students in Calgary were given the opportunity to learn about harassment and bullying through an experiential program called Challenge Day. This program is one method of addressing harassment in school. Schools have a responsibility to students to create and maintain a school environment that is free from discrimination. This responsibility stems from the Charter of Rights and Freedoms and provincial human fights legislation, and is also enacted in legislation governing school boards.

For example, the Alberta School Act was amended in 1999 to include the following in section 45(8): "A board shall ensure that each student enrolled in a school operated by the board is provided with a safe and caring environment that fosters and maintains respectful and responsible behaviours." Although this section does not specifically refer to harassment, other policies do. The legislation makes it clear that a safe environment includes protecting students from discrimination based on certain grounds. However, the issue that arises for schools is how far this obligation extends.

Schools in Alberta and across Canada have passed policies on anti-harassment and anti-discrimination to clarify a school's responsibility. Teachers' associations have enacted codes of conduct that mandate treating students with respect and dignity, without prejudice based on grounds such as race, gender, ability, and sexual orientation. Many groups are beginning to address the definition of violence and the pervasive manner in which it affects a student's learning.

Organizations such as the Alberta Teachers' Association in its Safe and Caring Schools program has defined violence broadly as "the actual or threatened use of physical, verbal, sexual or emotional power, intimidation or harassment by an individual or group which is harmful to the physical, psychological or social well-being of an individual or group." This definition reflects the growing awareness about bullying as an act of intimidation, one which holds power over other students even if it is simply a threat of violence, with no physical component. As schools and parent organizations begin to understand bullying and harassment in this context, they have made great strides in stopping harassment before it escalates into a legal action.

The other aspect of providing youth with a safe environment is addressing discrimination stemming from school rules and policies or their...