Dear Sir or Madam,
I am writing this correspondence to outline multiple persistent incidents that have occurred on the Abbotsford Campus of CDI College a member of EMINATA Group formaly corinthian college. Prior to my enrolment to CDI College I was led to believe that my course of Network Administrator would be instructor led. Further to my enrolment I have realized that the course was not instructor led. Rather CDI provides nothing more than a desk and learning material. The Information technology instructor was juggling teaching between several different courses. I did not know CDI was required to have an instructor lead the course. I have all relevant documentation and witnesses regarding any and all accusations. There have been numerous incidents where racial slurs have been uttered against me. These events have been appropriately documented with the campus which was ignored by the campus Coordinator. These incidents have been occurring on a regular basis for over three (3) months. In addition, threats against my person were uttered and I consider these to be pertinent and immediate threats. As a result of a altercation, I was wrongfully terminated.
The termination of my studies is a direct violation of Section 15 of the Charter of Rights and Freedoms. This states that all people have the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, [and] national or ethnic origin (Government of Canada, 1982). The college has had ample opportunity to rectify the grievances with Mr. Harrison prior to the incident on February 13, 2009. However, they chose to disregard said grievances, proving them to be negligent according to Section 219 of the Criminal Code, to the discrimination that was occurring, and thereby becoming a party to the discrimination. Parties to an offence as outlined in Section 21 of the Canadian Criminal Code are those who have knowledge an offence is being committed and allow it to occur.
I conducted myself in a manner that was conducive to rectifying the issues prior to February 13, 2009 at which time thie student was uttering threats against my person escalated the incident. Such threats in combination with the ongoing racism experienced led to the altercation. The law indicates that when a person is fearful that an impending threat, they are allowed to react in self defence as long as the action taken is reasonable and proportionate to the threat uttered. This fact and justification is outlined in Section 36, 37 and 38 of the Canadian Criminal Code. In fact it is called provocation. The Criminal Code indicates that provocation can include blows, words or gestures. In this case the threats and the racial slurs can be legally considered appropriate provocation to justify the action taken as self defence on February 13, 2009.
Furthermore, by the lack of action by CDI and the continued disrespect of the student, there is a case for defamation of character. As indicated in R.v. Laufer defamation occurs when a person appeals to a third party in order to expose a person to hatred, ridicule and contempt. This is precisely what occurred when the stuent indicated that I was a terrorist and various other racial motivated remarks, by utilizing a public forum. Once again by lack of action CDI is directly responsible for the actions of their students, especially of actions which are illegal and harmful to the greater society as a whole.
This student has the right to freedom of speech. This is a right under section 3 of the Charter of Rights and Freedoms. However, Section 1 of the same charter indicates that the freedom of speech is subject to reasonable limits under the law. Reasonable limits include such things as spreading hate and providing an environment conducive to racial and ethnic superiority. Section 319 of the Criminal Code indicates that anyone who publicly makes statements promoting hatred is criminal liable for a hate crime. This is precisely what has occurred in this situation. The larger issue is that CDI as a private institution has condoned such behaviour making it common place and generally disregarded when it occurs.
Additionally, students at CDI have written complaints regarding this altercation. They were met with a less than positive response. In fact, one of the students who wrote a letter has been placed on probation and was told and handed an official letter stating that he would be terminated just for voicing his concerns.
Overall CDI has failed to appropriately respond to the situation, and in fact their lack of action has been detrimental to the resolution of this altercation.
I will NOT accept any offer of reinstatement at this point due to the mental anguish caused by the racially motivated attitudes of CDI College a member of EMINATA Group. Furthermore these unjust actions have caused vast embarrassment for me amongst my professional cohort. I should not have to prove that I am not a threat to public safety; intimidating or a violent person. My prior behaviour should be evidence of this. In addition CDI has themselves indicated that I can be reinstated which is further evidence that I am not a threat to public safety. However, they have still imposed unnecessary and strict probationary measures on reinstatement, including transferring me to a different campus in a different city which takes over an hour to get to. As well as I would be put on probation for the remainder of my academic year. This is unjust as my original actions were justified and I was reinstated.
As a member of an ethnic and racial minority in Canada the altercations that have occurred are appalling. I was treated as though I was a second class citizen, A Violent person and a threat to the community. CDI treated me as though I was less important than Mr. Harrison based on ethnicity. I have been an upstanding member of CDI for the time I attended and even was Student Ambassador for the school. I find the lack of action taken by CDI to be disgraceful to both the institution and to Canada as a whole. It is my opinion that such institutions should be appropriately dealt with in order to ensure that no other student has to suffer in the manner that I have.
if you or anyone can help or maybe i can help you please let me know
The student
abbotsford, British Columbia
Canada
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