Tag: Education

“If not you, then who?”

I was at a kids’ baseball game, they were around grade 8 & 9. The ball went soaring high up in the air, into right field. The kid just stood there and didn’t move. The ball landed a few feet away.

The coach yells out, “If not you… then who?”

I am not writing this to comment on the coaches comment. I do think about this a lot. I visually replay this event in my mind. I thought about this a lot, going through my child’s human rights complaint, determined as all hell, all the way to a hearing. If not me….than who? This is the ball of crap that has been hit hard straight into my zone. If not me, then who?

Who else is going to do this? My neighbour? Our dentist? What about my friend who lives across the street?

The answer may sound obvious, but there is a twist.

Of course, it has to be me. Or does it?

When you go through the human rights process, you can self-represent, or you can have a lawyer and there is a THIRD option.

You can have anyone be your advocate and be your representative. It could be your neighbour. It could be your friend who lives down the street. It could be anyone to support you and help you through the process.

Is there someone in your life who can work with you together on this project, and you all work together as a team? You can both be crafting emails. You can both be preparing for a mediation meeting. You don’t need to do this alone.

If not you, then you and a support person. That’s who.

Just something to think about and consider.

Here is information on the BC HRT website about this.

Rule 7 – Representation before the Tribunal – page 4 in the table of contents


How participants may be represented
(1) A participant may be represented by a lawyer or other person, or may be self-represented.

(2) The representative may be:

(a) lawyer or other person authorized to practice law in British Columbia under the Legal Profession Act, or

(b) a person who acts as a representative with no expectation of a fee, gain or reward, direct or indirect, from the participant they represent, except for persons identified in s. 15(3) of the Legal Profession Act.


You will see it in cases. It will look like this.

Text:

Tribunal Member: Devyn Cousineau

Agent for the Complainant: Dr. Bob Uttl

Counsel for the Respondent: Jamie Hoopes, Alyssa Paex, and Ilan Burkes

Participating in the Duty to Accommodate

If you are someone who is asking for accommodations for yourself at work or your child in school, we also have obligations under the Code to follow. If we do not follow this, than our human rights complaints can be dismissed.

Rennie v. BC Ambulance Service, 2025 BCHRT 104

[29] Further, Mr. Rennie obtained a medical letter dated April 13, 2015, from a psychologist. There is no evidence that this letter was provided to BC Ambulance prior to the present complaint proceeding.

[30] In these circumstances, I am persuaded that BC Ambulance is reasonably certain to prove at a hearing that Mr. Rennie failed to participate in his accommodation process by not communicating with BC Ambulance, and its obligation to accommodate came to an end. Therefore, Mr. Rennie’s complaint has no reasonable prospect of succeeding.

This complaint was dismissed.

We have to participate. This falls under the “Duty to co-operate in good faith”

Both parties are expected to do this. Both sides need to communicate.

If the school is ignoring you, keep all those emails that you didn’t get a response to. Those will also be important.

And…

If the school is communicating with you. You can’t ignore them either.

To read about the expectations and responsibilities of the duty to accommodate process read here

Some parents feel that the communication they receive from the school is meant to poke them or bait them. I highly suggest you read 5 Rules on How to be Untouchable. Also keep in mind the communication between the parties needs to be in good faith, so if you feel there is anything sneaky going on, always keep the emails.

The point of the communication and co-operation needs to be focused about figuring out which accommodations work and which ones don’t. Accommodations don’t need to be ideal or perfect, just “reasonable” enough to provide the person with “a ramp”.

So, provide documentation. Communicate in good faith. And one more extension from this topic for parents in education is the Duty to Facilitate. Very similar to this case, but for parents. Failure to facilitate a school decision can lead to your human rights complaint being dismissed.

Knowledge is power.

Know your rights and responsibilities under the Duty to Accommodate.

It’s a two-way street.

National Accessibility Week

May 25th – 31st

This week is National Accessibility Week, which makes me want to highlight the Accessible Canada Act.

Let’s break this down by asking

What?

So what?

Now what?

Let’s begin.

What is this? Well, it is law that is made by the Canadian Government. This is the federal law. There are other Accessible Acts that are provincial. But since this week is National Accessible Week, I am going to start off with the federal Accessible Canada Act.

The goal is to help people with disabilities expereince more equity when accessing services from the government.

The federal act applies to federal government services and larger big private companies like Air Canada, or banks. Smaller businesses or provincial government businesses are under the Provincial Assessibilty Acts, like schools or community centers.

So what? You can file a complaint with the Canadian Human Rights Commissioner (which is federal). This is different from a Human Rights Complaint.

In December of 2024, The CHRC wrote an Accessibility Plan Progress Report

Accessibility Legislation was only assented in 2019. So we are still in the infancy of all of this. I mean, really….. this only came to be in 2019. I guess better late than never.

Now what? We need to use this!! Providing feedback to companies about their services and what barriers we are experiencing is an important way to advocate for changes which will help other people in the future. This is another way to use law to help us in our advocacy efforts and make our country more accessible.

Accessibility reports are expected to be published for the public to reach and feedback on accessibility should part of websites.

Most of us though will probably be providing feedback on a provincial level.

That is the Accessible BC Act.

Here is the plain language summary of the Accessible BC Act. LOTS of great information in here that is easy to digest. It talks about fines, and what will happen if organizations or services don’t do anything. How it will be regulated, etc. This info is also available in ASL.

So, woohoo!

Cheers, to another avenue, so we can be annoying to other people who don’t want to change! And maybe some who do…

Society is starting to be bend a little.

Every step matters. It all builds. Little by little. We need all of it.

AND

Each School District has an accessibility committee who reports to the Board of Education. They should all have a plan on how to address accessibility issues.

The more visible we are and the more we become part of the education, inclusion becomes more real.

#NationalAccessibilityWeek

Policy – “Soft Policing”

Policy is known as “soft policing”.

Policy is not law.

It is literally a group of people coming together and making stuff up. Sometimes policy is based on evidence, and sometimes it is not.

School districts have a lot of policies. I highly recommend you go to your school district site and find the policies and the administrative procedures. They may not be located in the same area. Some district websites are easy to navigate, others not so much. It’s worth the hunt. Policy will likely become part of your advocacy at some point.

A huge role for the Board of Education in your district is to create, review and revise policy as needed.

When they update or add a policy, they will, or should, be posting it publicly for public feedback. This will not be an announcement that gets emailed to you. It will take parents/guardians to be alert to these kinds of things being posted on the district website and to follow what is happening in board meetings.

Many districts have an online option for attending board meetings. Which I really like. You can multitask while you have it on in the background. Or if you are finding a part particularly boring, you can turn off the volume. Sometimes board meetings are interesting AF. Drama ensues. Showing up in person can also be informative. See who talks to whom, and you can feel the energy in the room that you can’t do over video. There are opportunities to have conversations with the trustees during break or after the meeting that can be helpful.

I HIGHLY suggest you get to know your district’s school trustees. These are the people who are creating these policies, bylaws, approving budgets, making section 11 decisions, and overseeing the superintendent and secretary-treasurer. The board appoints these people to their positions.

If there is a policy that you would like to bring to the board for consideration, you can certainly email them and discuss this with them. Their role is to listen to you. You can suggest amendments to the current policy, and next time they review their polices, you never know, your suggestions might make it in.

By reading up on policy, you may realize there may also be avenues for you to resolve your issues that you didn’t know were an option. For example, the whistleblowing policy. That is for everyone, not just staff. If you have someone in a position of power who is lying to you or being unethical, this is an option for you to consider in reporting it. Especially if you feel that the issues are not being addressed by the district staff. The whistleblowing complaints are reported to the board.

When there isn’t any transparency and people feel untouchable, it can lead to a lot of funky-monkey business in school districts. It is shameful when the system tries to cover it up. I hate to say this to you, especially if you are a new parent to advocacy. Please don’t be naive. This isn’t care-a-lot, and people in education are not sugarplum fairies. Staff have a fiduciary duty to their employers. Some of these people are wolves in sheep’s clothing. As you advocate and navigate the system, you’ll be learning who is who. Some people are genuinely the kindest and most caring people you will ever meet. The others…will become clear.

Something to keep an eye out for…as policy is not law and can be discriminatory.

Get to know your board, their policies, and administrative procedures. If you want to make changes, email away.

The Flaw of Inclusion

There is one part of “inclusion” that worries me.

You can be in a room with 100 people and feel utterly alone.

Depending on the type of disability you have, you may not meet someone with the same disability as you until you are an adult.

Just because you are in the same room with a bunch of people, doesn’t mean you feel like you belong there. That you are accepted. Hell…it doesn’t even mean you’ll be tolerated.

Growing up with other people who don’t have anything in common with you, at the core, and experience life differently… is bizarre. It’s like watching a movie.

People with rare diseases will travel halfway around the world just to be in the same space as someone else so they can talk about everything they are experiencing and have someone say the words “me too!”.

There is a reason humans have such a strong desire to be around other people who mirror similar elements to themselves. We feel seen. Understood. Real.

Inclusion as a concept is great. Fully support it.

However….

This is one flaw that I really don’t like.

The one good thing about grouping people with similar characteristics together is that they get to meet other people just like them, and those friendships and bonds are stronger than anything else.

Kids in gifted programs will report that they finally meet other kids who are just like them, and they feel “normal” for the first time. Educate Deaf children together and we have the learning of American Sign Language, Deaf culture and a community. At stuttering conferences, many report that meeting other people who stutter is soul-saving.

Inclusion spreads people out, and those bonds are not connecting. Under the concept of inclusion, how are we going to meet each other?

If you are neurodivergent, ask yourself… how many of your friends are also neurodivergent?

I can tell you, I already know the answer. Your closest friends, you will say, all of them are neurodivergent. And I bet you, as an adult, meeting other people just like you and talking about your experiences has been part of your healing process and becoming comfortable in your skin.

If kids are spread out like a dropped clump of marbles in the education system, rolling out in all directions, how are they going to meet and have friendships with other kids that they can see themselves in? They won’t.

That makes my heart sink.

So, how can we have both?

How can we connect kids with each other and still give them an inclusive education?

CLUBS!?

What else can we do?

Some districts are closing their gifted programs. Are there other ways we can bring gifted kids together?

We need to figure out something. People with disabilities shouldn’t have to wait until they are adults to meet other people who are just like them. That is incredibly isolating.

The first time I met someone who stuttered, I realized we had more in common than the friends I grew up with. And my friends were the same gender as me, the same age, had the same teachers, grew up in the same neighbourhood. Yet, this person who I just met 5 min ago who stuttered, who was not my gender, not in my generation, from another country, we could say “me too” for the first time.

People who don’t have disabilities or who are neurotypical don’t realize this part. Just how important it is. You all get to see yourselves in another human being every time you leave your home and enter society.

A lot of us connect over the internet, Zoom into support groups, and gather at conferences.

In order for inclusion not to have its dark side, we need to figure out how to still connect kids and not just have them all spread out like a dropped clump of marbles.

More Blogs! More Lived Experience!

Hello Everyone!

I am adding 2 more blogs to my parent blog list.

I love it when people write and share themselves with all of us. There is so much to relate to and learn about.

  1. End Collective Punishment in Schools.

This is an excellent blog about the Appeals Process in Schools.

“You retell the story, often to someone hearing it for the first time—someone who cannot possibly hold the full weight of months of frustration, confusion, and cumulative impact. You must sound nice, since they might judge you, but you’re furious by then. Heart broken for what your child has suffered. They listen, they nod, and then they reiterate policy. Like you’ve never heard about policy:-(

It seems like less of a pursuit of resolution than an institutional ritual. Performative. Lip service.“

2. The Canary Collective

This is written by a teacher advocating for change in the system!!

“I am an educator, an advocate, and a witness to a system in urgent need of change. The Canary Collective is not about any one person. It is about the movement we must build together, a revolution grounded in truth, hope, and justice. It is a space where marginalized voices can speak freely, where silence is broken, and where a different future is imagined. Like the canaries once sent into coal mines to warn against toxic air, we raise our voices to reveal danger, name what is harmful, protect what is precious, and call for transformation before more harm is done. Together, we can reshape education into a system rooted in acceptance, belonging, and care. I believe that future is possible if we are brave enough to challenge discrimination, to dismantle exclusion, and to refuse the comfort of silence. This is a place for those who are ready to stop whispering and start building. Welcome to the Canary Collective.”

You will find these blogs listed on my Parent/Guardian blogs page

A big thank you to the creators for sharing themselves with us.

Another new HR decision – Intersecting Identity – Self-Representing Parent – A win!

I have written so many posts that start with New HR decision that it’s starting to sound ridiculous.

So, yes this is another new one. I know we just had a new one a couple of days ago.

I can’t tell you how exciting this is. This is the month of April, only four months into 2025 and we are already at 5 decisions with more to come. This is going to be quite the year!!

Is the Ministry of Education and Child Care paying attention to all of this????

They better wake up!

Here we go.

Decision #5 – This parent is self-representing. They won. The complaint is fully proceeding.

Child (by the Parent) v. School District, 2025 BCHRT 89

This case involves a couple of protected grounds.

[3] The Child identifies as Black and of African race, ancestry and place of origin. The Child has a mild Autism Spectrum Disorder [ ASD ], which the Parent describes as largely diagnosed from his late speech and asymptomatic.

This is a timeliness complaint

What is interesting about this case from an analysis point of view is that there were gaps between the discrimination and multiple allegations were beyond the one-year time limit, and yet it was still accepted.

[25] Having found multiple arguable contraventions of the Code , that are both timely and out of time, it is necessary to next consider whether the late-filed allegations form part of a continuing contravention.

[26] I first considered whether the allegations are of a similar character for the purposes of determining the existence of a continuing contravention of the Code . The School District argues the timely allegations are dissimilar because the timely allegations involve different children at different schools. I disagree with the School District. From my review of the allegations in their entirety, I agree with the Child that they involve the School District’s failure to properly respond in series of altercations where white male students harmed the Child for reasons related to his race, colour, ancestry, place of origin and mental disability. At the same time, the allegations are of a similar character because the Child alleges the School District’s repeated responses to all these incidents were unfair to him for reasons related to the personal characteristics identified. In my view, the similar character of these allegations is not affected in any material way because they occurred at different schools and with different white male children.

[27] I have next considered the existence of gaps between allegations. I have determined that there are no significant gaps for the purposes of s. 22(2) of the Code in this case. I disagree with the School District’s approach to this question by looking at the entire timespan for the allegations in question. In my view, it is more appropriate to look at the length of time between allegations to determine whether they occurred in succession. Here, there were gaps of half of year to about nine months between most of the allegations and these are explained by the somewhat randomness of serious incidents happening when the white male students engaged the Child. The only possibly significant gap in my view, occurred between the November 2019 incident and the Spring 2021 incident. However, this gap is easily explained by the fact that during most of 2020 schools were closed due to pandemic restrictions and the Child was not in physical proximity to the students in question.

[28] Overall, I am satisfied the Child’s allegations from the June 2018 incident to the Spring 2021 incident allegations are of a similar nature in succession to the timely October 2021 incidents allegations. As such, the Complaint is a timely continuing contravention of the Code and it is, therefore, unnecessary for me to determine whether it is in the public interest to allow any late filed allegations to proceed.

There are multiple allegations of bullying connected to racism and what I would label as ableism.

Here is an example.

[13] On October 20, 2021, the Child alleges three higher grade white boys followed him into the bathroom and one of the boys intentionally slammed a bathroom stall door into his face. The Child alleges this incident resulted in him chipping his two front teeth. He alleges the School District principal and vice principal were unmoved by the incident and did not want to report it to the police. The Child alleges the vice principal kept blaming him for screaming and shouting and rolling around on the floor as an attempt to magnify his autism behaviour to justify the other boys’ wrongdoing. Once again, the Child alleges the School District protected the white assailants from receiving any blame for the incident. This allegedly included the School District saying that they did not know which boy had caused the harm to the Child. The Child alleges this incident was a good example of the School District’s staff demonstrating their inclination to favour white children in altercations involving him [the October 20, 2021, incident ]

I encourage everyone to read this case in full.

The other human rights case that was connected to discriminatory bullying is this one. I’ll be adding this case now to that page as well.

Way to go, self-represented parent!

Accepted Human Rights Complaints in Education

Here is a list of some key human rights cases that were accepted and valid complaints under the Human Rights Code. There are more human rights complaints to explore in Canlii. For instructions on how to use Canlii click here.

It is very helpful to know what gets accepted by the BC Human Rights Tribunal. These examples give the public and the tribunal a peek into the education system. Exposure alone of these circumstances is advocacy and creates a data trail.

These cases can be used in our advocacy when communicating with the school.

EA not provided

IEP and designation not provided

Professional recommendations not included in IEP

Parents were not meaningfully consulted

Meaningful inquiry – The School didn’t investigate what the disability related barriers were and try to remove them

Equitable access to education – The Moore case

Hostile and rude teachers, not accommodating

Exclusion

Another exclusion example

Preventing a student from presenting at an assembly and mishandling an assembly incident.

Not providing reasonable accommodations – Dyslexia

Not being able to read, leaving for a private school – Dyslexia

Bullying

Allergies

Forced out of school (poor transition into high school)- paying for private school (Ontario)

Family Status (impact on the parent) – file within one year

Here is the page for a list of dismissals and timeliness applications over the last 10 years.

New Human Rights Decision – Professional Recommendations in IEP

2025 BCHRT 85 – BC Human Rights Tribunal

Child (by Parents) v. Surrey School District No. 36, 2025 BCHRT 85

More important learnings from human rights decisions!!

This is a dismissal application. Parts of their complaint were dismissed but the part that is continuing is the allegation that the school didn’t incorporate professional recommendations into their child’s IEP.

The human rights tribunal is accepting this as a valid complaint, and it is proceeding. This case can be used to enhance your advocacy.

[66] The Child alleges that the School Board lost or did not read many of the reports that were provided to them, and that as a result, the recommendations contained in those reports were not incorporated into their IEPs. Therefore, they say, the Child’s disabilities were not properly accommodated. The Child says that had the IEPs been developed in line with the medical and psychoeducational recommendations contained in the reports provided to the School Board, their Parents would not have had to intervene with private support services in order to keep the Child at grade level. They say that because the recommendations in the reports were not incorporated into the Child’s IEPs, the Parents were required to provide the Child with tutoring, vision therapy, and auditory therapy, along with other interventions.

[68] The School Board admits that certain of the recommendations contained in the psychoeducational assessment and other medical reports were not included in the Child’s IEPs. However, the School Board says that the IEPs developed for the Child “are consistent with the recognized supports for students with a learning disability like dyslexia within British Columbia.” They say that many of the recommendations from the psychoeducational assessment report in particular were specific to programs available in Colorado, not in BC. They say the IEPs that have been developed for the Child were consistent with the Child’s Ministry of Education designation and “the information regarding [the Child’s] learning needs”, including the provision of a learner support teacher as well as modifications implemented by the classroom teacher. They note that the Child’s progress reports indicate that they have progressed “well” and “overall at grade level”.

[72] While the School Board took steps through the IEPs to accommodate the Child, based on the materials before me, I am not persuaded that they are reasonably certain to prove they took all reasonable and practical steps to remove the disability-related barriers faced by the Child. This allegation will proceed.

We already know from X by Y v. Z that it doesn’t matter what their grades are, its whether the school district removed the barriers to access their education equitably

[142] Y has said that the learning support provided throughout X’s education has not been enough for X to “reach the same level as his peers or possibly excel”. The District’s obligation is reasonable not perfect accommodation. As I have said above, reasonable accommodation is not necessarily measured by whether a student is meeting or exceeding certain standardized learning goals but rather by whether barriers have been removed to provide meaningful access to education.

As always, I extend much appreciation and thanks to the parents who are navigating this system and bringing these decisions forward.

Putting the pieces together

Accepted human rights complaints

Calling all Human Rights Lawyers

This is the bottleneck that parents are experiencing.

Parents want to hire lawyers for their human rights complaints, and they are struggling to find people. Some people are finding pro bono lawyers, and others aren’t. Some people can afford to pay lawyers and they are still struggling to find people. Some parents are lawyers themselves, but human rights isn’t their area of law.

I know there are legal-aid clinics reading my blog. I also know there are parents who are lawyers reading my blog, considering getting into this area. We need help!!

The need: Parents need lawyers to consult with for summary advice, and/or they need lawyers to take on their cases for human rights complaints. The non-profits that support this work are overwhelmed. They tend to shy away from education cases because they are complex, and they don’t have the capacity to handle these kinds of cases. Because of an overwhelmed legal system, parents are struggling to advocate for failings in the education system.

This is an area that needs expansion.

If there is a law firm that is willing to take this on and expand into this area, the need is great. Even to just offer summary advice. An hour of consultation here and there as they navigate the system can make a world of difference.

Parents all want to know… do I have a human rights complaint on my hands? They need the confirmation and validation. More parents would be filing human rights complaints with this confidence in their case.

If you are a lawyer or you know of someone in this field, please send me an email. I would love to be able to send you a referral.

If you are a parent and you have used a lawyer that you felt was positive, I would really appreciate it if you sent me their contact info. I would love to be able to send them a referral.

In the meantime, for parents looking for summary advice, please contact the BC Human Rights Clinic – Legal Services

Here is a list of disability law clinics and other legal-aid organizations that offer summary advice or lawyer referral services.

When you contact these places, I highly suggest you write out what you want to tell them to best utilize the time that you have with them.

Discrimination test

The test of discrimination is here from the BC Human Rights Tribunal website:

  1. they have a characteristic protected by the Human Rights Code [Code];
  2. they experienced an adverse impact with respect to an area protected by the Code; and
  3. the protected characteristic was a factor in the adverse impact.

You are going to want to be able to explain to them what your child’s protected characteristic is, the harm they experienced, and how the harm is connected to their protected characteristic.

Timelines

Timelines are a great way to explain events. When lawyers present evidence in court, they tend to present the evidence in a chronological order.

Evidence

You may also want to explain what kind of evidence you have. Emails? Photographs? Video? Recordings?

Making the most of your time

I almost think of it as a 30-second elevator speech. People in business need to be able to succinctly give their business pitches. You want to make the most of your time when consulting with a lawyer, and the more organized you are in explaining the situation, the better they will be able to assess your situation, and you will get the most out of your time.

Consultation fees, I am being told, can range from $400 – $750 per hour.

If you are paying for a lawyer, every email you send or phone call you have will be added to your invoice for later. You will want to know how they will be invoicing you for your time with them. Human rights complaint settlements tend not to be high, so it will be important to keep your expenses low. The one great thing about being self-represented through the human rights complaint system is that you don’t need to worry about the school district lawyers playing games with you to drive up your lawyer’s fees.

Pro bono lawyers can sometimes take 2-3 weeks to call you back. Keep calling. Keep emailing people. Patience and persistence will be key.

You may want to go onto YouTube and search up videos on self-representation in Canada. There are a ton of videos on there. All tips and things not to do when representing yourself. Information overload. There are lots of articles stating that approx 50-60% of Canadians are navigating the court system without a lawyer… with self-representation on the rise. Very interesting.

If anyone has anyone specific or a law firm that they think should be on a referral list, please let me know.