By William Miller
Impunity Watch Reporter, North America

MONTREAL, Canada – The Montreal Human Rights Tribunal awarded a Filipino family a $17,000 judgment against Lalande School in Montreal where their child attended the second grade. The Tribunal held that the school employees discriminated against eleven year old Luc Cagadoc when they criticized him for eating habits common to his culture.

Luc Cagadoc typically eats his food by using a fork and spoon to break it up. This practice is common among those of Filipino decent. Luc Cagadoc was repeatedly reprimanded by a lunch monitor for this practice during second grade.

Martine Bertrand, a lunch monitor at Lalande School repeatedly told the child that he ate like a pig and forced him to eat lunch by himself. Luc’s mother, Maria Gallardo, attempted to reason with Bertrand, telling her that the practice was common in Filipino culture, but was unable to reach a compromise. Bertrand later asked Luc if washing hands was a common practice in his culture when he forgot to on one occasion.

Ms. Gallardo also tried to reason with the school’s principal Norman Bergerson, but was again dismissed. Bergerson told her that her son needed to learn to eat like a Canadian. Ms. Gallardo then received a letter telling her that she could not return to the school.

Ms. Gallardo filed a complaint with the Human Rights Commission in 2008. The Human Rights Commission typically reviews cases before they are sent to the Tribunal. The Montreal Human Rights commission initially rejected the complaint saying that it was an isolated incident and that the child was disciplined for his table manners rather than for his cultural practices.

In March 2009, Ms. Gallardo filed a complaint with the Montreal Human Rights Tribunal. In some cases Canadians may file directly with the tribunal if they are rejected by the Commission. The Commission decided it would hear the case last fall. They issued their ruling early last week.

The Commission held that the situation was handled poorly and that the school subjected Luc to social isolation and anxiety for his traditional practices. They ordered the school board, Bergerson, and Bertrand to each pay $5,000. Bergerson was ordered to pay an extra $2,000 for lack of remorse.

Although Ms. Gallardo originally sought $24,000, she has said that she was happy with the judgment. “As a mother I am still hurting, but still seeing my little boy proudly eating with spoon and fork gives me a great pride for my heritage,” Ms. Gallardo said.

The school board has not said whether they intend to appeal the decision. They have thirty days to file an appeal.

For more information, please see:

Vancouver Sun – Montreal Family Wins Human Rights Ruling About Eating Like a Pig – 24 April 2010

CBC – Eating Habits Dispute Leads to Damage Award – 23 April 2010

CTV – Filipino Canadian Student Wins Human Rights Case – 23 April 2010