GEDSB trustee wins case: Reinstated and awarded $10K in damages

HALDIMAND—Carol Ann Sloat feels validated after a divisional court decision in her favour. The Brantford-based Grand Erie District School Board (GEDSB) trustee was penalized repeatedly in relation to her actions when voicing concerns over transparency at Board meetings.

In May of last year, Sloat was barred from attending Board and committee meetings until September 2023 based on alleged code of conduct violations. Those bans were extended multiple times since, with the Board last extending her ban on attending Board meetings to May 2024 and committee meetings until May 2025 back in February.

Sloat expressed her concerns online at that time, stating, “I believe our discussions shouldn’t be hidden from the public without very good reason.”

Sloat faced a three-justice panel for her hearing. Justice Nancy Backhouse wrote in her 31-page verdict, “I have found that (Sloat’s) transgressions, if any, were minor, and the sanctions imposed in their totality to be unreasonable.”

GEDSB representative Ryan Strang replied to a request for comment stating, “We have received the decision by the divisional court which is currently being reviewed by our legal counsel. The Board of Trustees will determine next steps. The Board has no further comment at this time.”

In an interview, Sloat said the case was never about herself, but rather the voters who elected her: “Anytime a democratically elected official is prevented from doing what they were elected to do, it’s a serious issue.”

She said that in the 20-plus years she has served as a trustee, she has “acted in good faith with the goal of doing what is right for the community and for the students. And winning in the divisional court has strengthened my resolve to continue fighting the other codes yet to be dealt with and whatever else they decide to throw my way.”

Sloat discussed the allegations used to bar her, including: that contacting the Ontario Ombudsman with concerns breached Board confidentiality rules; that discussing a Board decision with a principal friend was ‘soliciting complaints against the Board’; and for attending Board meetings as a member of the public while banned as trustee.

Sloat continued, “My lawyer sent some documents to the Board related to this court case. The Board complained that I was revealing confidential information to their staff, but they never actually tried to have the information sealed – they just used it to penalize me again. The judges agreed that the Board’s real concern was punishing me, not confidentiality.”

Justice Backhouse wrote, “There is a sense that the applicant was unfairly dealt with and targeted. These matters have obviously taken an inordinate amount of time and expense and have no doubt diverted the Board’s attention from its primary responsibility of promoting student achievement and wellbeing.”

She further noted that the sanctions already served would be “sufficient penalty for the entirety of the alleged contraventions.”

Sloat believes the decision exposes systemic issues within the Board’s disciplinary process. Noting her first Code of Conduct breach issued in July 2022 was a first for any GEDSB trustee, Sloat feels, “I was the guinea pig. Hopefully the decision of the divisional court brings a swift end to that experiment so we can go back to conducting business in open and focusing on what our students, teachers, and staff need, rather than petty behaviour towards one person.”

While Sloat noted that the $10,000 she will receive in damages from the case will only cover a portion of the expenses she incurred, she is more concerned with the spending the Board has put toward the case.

“I have no idea how much money has been spent on lawyers in this fight, but I am willing to bet it’s a lot,” she said. “All the money that the Board uses to pay its lawyers is money that would otherwise go towards the students.”

Sloat says she has maintained her community connection by corresponding with constituents, volunteering at a school breakfast program, and attending sporting events. She would “love to rebuild my rapport with the Board, but I think that is more a question for them,” noting an early attempt to engage members in mediation was rejected at the time. She said her return to meetings has been less than ideal so far: “I haven’t been allowed to speak, and the Board chair won’t acknowledge me if I want to say something.”

Despite that reception, Sloat said the public feedback she’s received has been much warmer: “People have sent emails, called, texted, DM’d, and even stopped me in stores around Brantford. They have thanked me for fighting back, checked in on how I’ve been handling the situation and wishing me well. It has really meant a lot, knowing that I have that support behind me.”

She hopes her case will shine a spotlight on the issue of Board transparency overall.

“We are funded by tax dollars, we are elected by taxpayers, we should be going above and beyond to make sure the work we do, the policies we enact, the money we spend, and the decisions we make are done in public,” said Sloat. “I hope that there is a ground swell from my experience and other people speak up and reach out to their trustees, and their Boards, and even the Ministry of Education to push for reforms that take Board meetings out of the shadows.”

She concluded, “I won’t stop advocating for transparency and accountability…. I really hope the group of people at the Board leading the charge against me ask themselves whether any of this is in the best interests of the students. Because it isn’t.”