Community Organizations to the Rescue

Community Organizations to the Rescue

By Eric M. Roher

 Due to current global events, Ontario school boards are experiencing an influx of families arriving in Canada from all over the world, including Israel.  Community organizations, such as the UJA Federation of Greater Toronto (UJA) and the Jewish Immigrant Aid Service (JIAS), play an invaluable role in advocating and supporting these families.  More than ever, it takes a village to assist these new families to Canada to integrate into our community.

In a recent example, at least 40 Israeli families who recently arrived in Canada, were applying for their children to attend schools with the York Region District School Board.  These families arrived in Canada under temporary immigration measures introduced by Immigration, Refugees and Immigration Canada (IRCC).  As part of the temporary residency measures introduced by IRCC, the families are permitted to apply for an open work permit upon arrival in Canada.  These families were anxiously seeking to settle in York Region and register their children in local schools.  In many cases, they are living with friends, staying at an Airbnb or renting an apartment.

Initially, the school board took the view that one of the parents needed to have an approved work permit before allowing their children to attend York Region schools.  This rule was based in an internal interpretation of the Education Act by school board administrators.  Based on this interpretation, the children of these 40 families would likely not be able to attend York Region schools this fall.

Then, the UJA and JIAS went to work. This internal school board interpretation of the Education Act seemed unreasonable in the circumstances.

The UJA sought a legal opinion on this issue on an urgent basis. The UJA has organized a number of Toronto lawyers to provide legal advice on a pro bono basis when these urgent circumstances arise.  In reviewing the language of the Education Act, it was clear that a parent would qualify if they had a work permit or was “awaiting determination of an application for a work permit under the Immigration and Refugee Protection Act.”  In other words, under the law, the parents needed to demonstrate that either they had an approved work permit or that they had applied for a work permit in order to qualify to have their children attend York Region schools without being charged a fee.

The UJA and JIAS organized an urgent meeting with York Region school administrators.  UJA and JIAS strongly advocated for these families and confirmed the legal opinion.  The school board then consulted with the Ministry of Education for their advice and guidance on the interpretation and application of these Education Act provisions.

After a careful review of the matter, the Ministry of Education concluded that UJA’s interpretation of the legislation was correct.  The Ministry confirmed that if these families could demonstrate either that one parent had a work permit or could provide evidence that they had applied for a work permit, their children could attend York Region schools at the beginning of this school year without payment of a fee.

On August 30, 2024, the Friday before school was scheduled to start, the school board sent a directive to its school administrators, school support staff, superintendents and Reception Centre staff confirming that “Upon presentation of a duly accepted work permit application by IRCC, the students may be registered for schools as Pupils of the Board – Dependent of a Work Permit Holder for Ministry of Education funding purposes.”

The families are required to go to the Reception Centre in York Region prior to being registered at their local school. They are still required to demonstrate proof of residency of the student living with their parent(s)/guardian(s).

It should be recognized that children have a right to an education in Ontario, regardless of their immigration status.  Despite laws that have been passed to prevent discrimination, undocumented students continue to face barriers in accessing public education.  Undocumented children and families are disproportionately impacted by policy requirements for families to provide documentation.  It is also clear that there are inconsistent practices among school boards across Ontario.

This is one good news story in larger picture of global upheaval and change, where the diligence, compassion and persistence of UJA and JIAS staff assisted the children of these Israeli families to attend York Region schools for the beginning of this school year.  These community organizations play an invaluable role in advocating and supporting new refugees coming to Canada in seeking a better life.