Toronto Catholic District School Board (TCDSB) teacher Paolo De Buono lost his human rights complaint against his employer over its disagreements with his sexual minority activism. .“In the circumstances of this case, I am not satisfied that the applicant has provided a factual basis beyond the bald assertion that establishes a link to the alleged conduct and an enumerated ground under the Code,” said Human Rights Tribunal of Ontario (HRTO) Vice-Chair Robert Patchett in a ruling. .“The Tribunal does not have jurisdiction over general allegations of unfairness unless the unfairness is connected, in whole or in part, to one of the grounds specifically set out in Part One of the Code.” .De Buono alleged discrimination in employment based on sexual orientation, gender identity, gender expression, family status, marital status, association with people with these grounds, and reprisal and threats of reprisal. Because of his association with people who identify with enumerated grounds, his advocacy on their behalf, and his disagreements with Catholic teachings, he said he has experienced a poisoned work environment. .Patchett said it is not enough for an applicant to assert he or she has an enumerated ground and has received adverse treatment at the hands of the respondent. To come within the HRTO’s jurisdiction, an applicant must provide some factual basis to link the respondent’s conduct to the discrimination he or she faced. .De Buono called his focus “improving learning conditions for these [sexual minority] students.” Because the TCDSB did not create a diversity club as a human rights-focused one, he said this amounts to discrimination. .Patchett said it appears from the submissions he “merely disagrees with the decisions taken by the Respondent regarding the [sexual minority] students.” De Buono alleged he was denied the opportunity to speak at committee meetings and form a diversity club because of his association with these students. .While he alleged there was discrimination, Patchett said he failed to establish a link these actions by the TCDSB were reprisals against him beyond the reasonable exercise of discretion by it. In his view, he has not met the onus to demonstrate there has been any reprisal because he cannot point to a right of his that has been infringed. .De Buono alleged discrimination based on reprisal and threats of reprisal, but he failed to explain how its behaviour was related to claiming or enforcing a right under the Ontario Human Rights Code, instituting or participating in proceedings under it or refusing to infringe the right of another person. .For these reasons, Patchett said he is unsatisfied the application is within the jurisdiction of the HRTO. .“Therefore, the Application is dismissed,” he said. .De Buono deprived himself of food to demonstrate against Ontario’s Catholic sexual education curriculum on September 7. .READ MORE: Toronto teacher to hold hunger strike to protest Catholic sex education.“Based on what I've seen, a few days without hitting the drive-thru won't do him any harm,” said Quillette associate editor Jonathan Kay. .De Buono acknowledged Fully Alive is the official elementary sex ed textbook used by Catholic school boards in Ontario.
