The BC HRT has a ONE YEAR limitation to file a complaint

People often wonder when they should file their human rights complaint. Especially when it they are dealing with issues that have been happening for a long time.

Sometimes it is a big event that occurs. If it’s only about that one event, then you would have one year to file.

However, when things are murkier, it’s sometimes about what you are willing to tolerate.

People want to know when the “right” time is. Depends on your situation, but I don’t know if there is ever a “right” time. Or a specific “right” way to advocate. I don’t know anything that is guaranteed. People have different personalities involved in their child’s education. Some people are more flexible, and some are just brick walls.

We don’t want to kill a fly with a house. It’s good to escalate your advocacy in incremental steps. You do want to give people a chance to resolve the issue and see if there is any way for it to be resolved collaboratively. Your child is going to be in school for a long time. Building relationships is important. However, at what point does it become enough? At what point do you feel like nothing is going to change?

Many parents feel like they are a hamster on a wheel. Filing an external complaint can be what gets you off.

If you are advocating alone and it’s not going well, I suggest you reach out to Inclusion BC or Family Support Institute for help. At this time, you may also want to consult with the BC Human Rights Clinic or Disability Alliance. There are also advocacy coaches who can help you with emails and communication with the school.

A lot of the time it comes down to what you are willing to tolerate and when you have had enough.

Human rights complaints need to be about what has taken place in the last year. So, if you have issues that go beyond the one year, they may file a timeliness dismissal application and you will need to justify that these issues are a continuing convention of The Code.