OCDSB to vote on censuring trustee Donna Blackburn again

For the second time in as many years, the Ottawa-Carleton District School Board (OCDBS) is having to decide whether to censure board member Donna Blackburn, this time after a third-party investigation found her comments to a Black teen to be "racially insensitive."

The OCDSB is holding a special meeting Monday evening to discuss a report regarding Blackburn's interactions last March with ateenage boy who wasnot abiding by COVID-19 physical distancing rules at a Barrhaven park.

• School trustee under investigation after confronting teen
• OCDSB censures trustee over 'disrespectful' email

While the report found Blackburn's comments to be problematic, the investigator did not make any recommendations only the board can decide whether the trustee actually contravened the OCDSB'scode of conduct and what sanctions to impose, if any.

Although the teen's father, and other community members, have called on Blackburn to resign, the trustee cannot be removed from office. The sanctions available to the board include a formal censure of the trustee, barring herfrom a meeting or part of a meeting, and barring her from being on board committees for up to six months.

The board has already censured Blackburn in 2018 over a "disrespectful" email shewrote to a fellow board member.

Board chair Lynn Scott has given notice that she plans to move a motion at Monday's meeting to ask the province to "to enhance school boards' ability and authority to address unacceptable or inappropriate behaviour by board members."

Posted teen's photo on Facebook

An investigation was launched after the board received a complaint about a Facebook post by Blackburn regarding a teen playing basketballat Neill Nesbitt Park on Foxfield Drive.

"I have called by-law and will stand here until they come," Blackburn wrote in the post, which included a picture of the teen. "I will follow him home if I have to."

The investigation was conducted by Zaheer Lakhani, a lawyer from Lakhani Campea LLP.

According to Lakhani's written report, the teenager, Styles Lepage, was interviewed only through written statements through alawyer.

Lepage alleges Blackburn singled him out while he played basketball alone, despite the fact others were playingsoccer and baseball in the park.

According to the 17-year-old's version of the events, Blackburn also claimed she would call his school principal and basketball coach to have him thrown off the team.

Blackburn regrets comments, Facebook post

While Blackburn agrees she told Lepage she'd call his coach, she told Lakhani itwas "a way of trying to appeal to him regarding the urgency of the pandemic."

What she doesn't deny, however, is that she told the high schooler that"people who do not care about the rules end up in Innes Road."

Innes Road is shorthand for the Ottawa-Carleton Detention Centre.

"My point in the moment was simply that choosing to ignore the rules is a slippery slope," she said in astatement previously sent to media.

"However, with the benefit of reflection, I do sincerely regret delivering this message in this way. Of course, I do understand that young Black men are disproportionately represented in our criminal justice system. I apologize for using that turn of phrase with [the teen]."

Similarly, Blackburn said she regrettedposting on her private Facebook page about the encounter.

It's Blackburn's statement to Lepage about the possibility of him ending up in prison that the investigator found to be "racially insensitive,given that Black persons are routinely over represented in the criminal justice system."

Blackburn crediblebut also'disingenuous'

Lakhani found Blackburn to be a credible witness, partlybecause secondary sources corroborated her version of events. and also because she "made significant admissions adverse to her interests."

At the same time, Lakhani wrote that he did "find some of her explanations for her conduct to be disingenuous."

Lakhani added thathe was provided with "compelling evidence" that Blackburn has done work in support of marginalized communities, including promoting prayers for Muslim students in Ottawa public schools. According to the report, the local Imam appreciated Blackburn's interaction with two other boys who were at Neill Nesbitt Park on the same day as Styles.

"I was further informed by the Imam, in relation to the other two boys who attended the park during her encounter with [Styles Lepage], that he regarded Trustee Blackburn's conduct as a form of positive community engagement," wrote Lakhani.

However, the investigator concluded his report by stating that, "unfortunately, the findings set out above with respect to her encounter with [Styles Lepage], do not support a conclusion of positive community engagement."