This page has cases unrelated to education, but are helpful nonetheless. They provide us with information. You can use case law to support your arguments. You can cite case law when sending in your written submissions (written responses/applications) to the tribunal that are not in education but still helpful.
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Boyce v. City of Maple Ridge, 2026 BCHRT 201
https://www.bchrt.bc.ca/…/decisions/recent/2026-bchrt-201
“The Code is not meant to protect against all bad treatment, only bad treatment that is connected to a protected characteristic. If a person did not have (or was not perceived to have) a Code protected characteristic at the time they experienced the adverse treatment, then there was no protected characteristic that was acting as a barrier to their ability to fully and with dignity access an area of life protected by the Code.”
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1. The school may have documentation your child has a disability, but even if they don’t….as long as they “perceive” them to have a disability, your child is still protected by the Human Rights Code.
2. You will have the burden to prove that the school was aware your child has a disability, or that they perceived them to have a disability. *** If you want to make sure the school is locked in for the first part of the discrimination test, provide a diagnosis letter to the school. For families of kids with Generalized Anxiety Disorder/ADHD etc that may have received a diagnosis not necessarily from Psycheducation assessments but from other professionals, giving them a copy of those letters from a doctor can be a huge help.
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