OCDSB trustees censure colleague, rejecting integrity commissioner’s findings

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Trustees at Ottawa’s largest school board have voted to formally censure a colleague and require she take antisemitism training.

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The decision comes as the result of an Aug. 27 trustee code of conduct complaint over the actions of trustee Donna Blackburn following the Ottawa-Carleton District School Board’s decision to withdraw from the Capital Pride parade after organizers made a pro-Palestine statement on Aug. 6.

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That sparked a response from members of the Jewish community, who said they felt unwelcome or unsafe at the parade and controversy after numerous groups and institutions dropped out of the parade.

Blackburn, who identifies as a lesbian, disagreed with the school board’s decision to withdraw and issued an invitation for the school board community to march with her in the parade. In an interview with the Citizen, she said: “I have not had one Jewish person explain to me how they will be unsafe. Nobody is going to get hurt. We should stand together.”

In her complaint to the integrity commission, trustee Nili Kaplan-Myrth said Blackburn made discriminatory comments in emails with Jewish community members and staff and Blackburn had engaged in “ inappropriate lobbying” when asking staff and students to join her in a “rogue” OCDSB parade float.

Behind the scenes, there was a flurry of emails and texts between Blackburn and staff, fellow trustees and members of the public, according to a 50-page report from integrity commissioner Suzanne Craig.

In one email to Kaplan-Myrth, Blackburn wrote: “…your cries of antisemitism are getting really tired and I know who I am and what I stand for. While I don’t always agree with my colleagues on various matters, I don’t believe for one second any of them are antisemitic.”

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In another email, Blackburn thanked Kaplan-Myrth for sharing her opinion, but added: “I have every right to express myself just as you do. I have always been very, very clear I will never be bullied into silence, not by you, not by any one of your lawyers, not by anyone.”

In a separate exchange, an unnamed Jewish staff member told Blackburn they felt unwelcome at the Pride parade and raised the possibility of meeting with Blackburn.

Blackburn responded: “I have no desire to connect … it is clear to me that my struggles matter not … the fact I live in daily fear matters not … what matters is the power of the Jewish community … as it always does.”

In her report, Craig did not find Blackburn in breach of the code of conduct.

Courts and the Human Rights Tribunal of Ontario “differentiate between comments that are perceived as offensive and those that are discriminatory. Words can be personally offensive and hurtful but not amount to substantive discrimination,” Craig wrote.

Several of Blackburn’s comments stemmed from her “interpersonal difficulties” with Kaplan-Myrth, said Craig. “[Blackburn] and Trustee Kaplan-Myrth do not see eye to eye about what constitutes discrimination in the matters under this complaint.”

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But Craig also found that Blackburn did not intend to cause harm or to engage in a manner that was hurtful, although Craig did find the comments crossed the line of respectful comments and strayed from the civility requirements for trustees.

Blackburn made an “error in judgement” in failing to give sufficient context for her words to be understood as she intended them, said Craig.

“I find that the comments leading up to and the action of participating in the Parade, while received as offensive and hurtful, do not rise to the level of being discriminatory within the meaning of the Human Rights Code.”

Craig also noted that the OCDSB human rights policy “does not provide a definition of antisemitism upon which I can rely.” That creates difficulties as antisemitism is not consistently defined, she said.

Addressing trustees via a video link on Nov. 26, Craig said the board of trustees might disagree with her findings or interpret things differently.

“I just want to remind the board respectfully that I will not reopen my investigation.”

Trustees did indeed disagree with Craig’s conclusions.

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The report dismisses and diminishes the harm to the Jewish community on the basis that there is no commonly understood definition of antisemitism, said Kaplan-Myrth.

“Her report sends a signal to the Jewish students, staff and community, and to me as a Jew, that the OCDSB will not recognize and address every form of antisemitism the same way we recognize and address every other form of discrimination,” she said.

“What happened when trustee Blackburn spoke to the Jewish teacher and referred to Jews as ‘having power’ was antisemitism under any definition, said Kaplan-Myrth.

“She (Craig) refuses to acknowledge discrimination targeting Jews, or to hold Trustee Blackburn accountable for her undeniable antisemitism.”

After finding Blackburn in breach of the trustee code of conduct, trustees voted eight to three to formally censure Blackburn. They also voted unanimously to require Blackburn to take mandatory anti-semitism training.

The comment about the power of the Jewish community is a well-known anti-semitic trope, said trustee Lyra Evans.

“We have a bar that is higher than criminal when it comes to accountability for trustees. We have an expectation of politeness, we have expectations of civility that are higher than are set out in a criminal court. And so I am of the position that a trustee who has spouted an antisemitic trope has violated section 3.5 of our code of conduct, which says we must inspire public confidence in the abilities and integrity of the board.”

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Blackburn was censured and asked to resign in June 2020 what the board described as “an act of anti-Black racism” against a teenager playing basketball by himself in a park that was closed due to COVID-19.

At the time, Blackburn said she would not resign. Trustees voted unanimously to bar Blackburn from attending one meeting and from sitting on committees for six months, the most severe penalty allowed under the code of conduct.

Trustee Cathryne Milburn said she was disappointed that the board was in the midst of another code of conduct investigation.

“To me, the facts are clear. Harm has been done to our community and in particular to our Jewish staff member. The level of respect I want around this table has not been met.”

Blackburn did not respond to a request for comment.

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