A win for Parents and the Deaf community!
Human Rights – Deaf community – ASL access – Education
Churchill v Newfoundland and Labrador English School District, 2023 CanLII 16071
ORDER
[389] For the reasons outlined in this decision there shall be an order as follow:
WHEREAS The Newfoundland and Labrador English School District (“District”) failed to provide reasonable accommodation for Carter Churchill and discriminated against Carter Churchill during each of the following school years: Kindergarten (2016-2017); Grade 1 (2017-2018); Grade 2 (2018-2019); and Grade 3 (2019-2020).
IT IS HEREBY ORDERED THAT:
1. Pursuant to section 39(1)(b)(ii) of the Human Rights Act, 2010 until such time as Carter Churchill is no longer enrolled as a student of the District, the District shall provide reasonable accommodation for Carter Churchill such that:
a. Carter Churchill is to be supported in the development of competence in American Sign Language;
b. Carter Churchill is to be supported in accessing and being evaluated upon school curriculum via American Sign Language;
c. Carter Churchill is to be supported in the area of communication related to his safety and personal needs via American Sign Language; and,
d. Carter Churchill is to be supported such that he is not isolated from peers who are able to communicate with him.
AND, the District must take all reasonable steps necessary to provide such accommodation up to the point of undue hardship.
2. Pursuant section 39(1)(b)(iv) of the Human Rights Act, 2010 the District shall pay to Kimberly Churchill and Todd Churchill compensation for general damages the amount of $95,000.00.
3. Pursuant section 39(1)(b)(iv) of the Human Rights Act, 2010 the District shall pay to Kimberly Churchill and Todd Churchill compensation for special damages in the amount of $2,000.00.
4. Pursuant to section 39(2) of the Human Rights Act, 2010 the District shall pay to Kimberly Churchill and Todd Churchill costs in the amount of $50,000.00.
[390] A separate and formal order shall be issued and provided to the parties together with this this decision.