When you file a complaint, every single external complaint option will ask you for documentation on your resolution attempts.
Before filing an external complaint, it is expected that you try and resolve your issue through internal processes. This is not just for education. The human rights systems (federal and provincial) will require you to try and resolve issues through your unions or other internal grievance processes before they will allow your complaint to continue. If you haven’t, the respondents can apply to have your complaint deferred until those processes are complete. And yes, it is incredibly frustrating that the ones in power are the ones who control the maze.
There have been cases, for example, involving a “one comment“. Someone has said something to you that has offended you. Does it require state intervention? Is it a big enough issue that it warrants the time and resources of the human rights tribunal? There have been cases where a one comment has been dismissed, and there have been cases where multiple comments that reached the level of harrassment and had harmful impacts were upheld as discriminatory. But there is a legal test to this.
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Brito v. Affordable Housing Societies and another, 2017 BCHRT 270
[41] However, not every negative comment that is connected to a protected characteristic will be discriminatory harassment contrary to the Code. It is certainly undesirable for people to treat each other rudely, disrespectfully, or inappropriately. However, it is not the Tribunal’s purpose to adjudicate disputes other than where a person’s protected characteristic has presented as a barrier in their ability to fully, and with dignity, access an area of life protected by the Code. In performing this function, the Tribunal is cognizant that the disputes brought to it arise between human beings, with all the imperfection that entails. Not every failure to be kind or professional requires state intervention. This includes failures with discriminatory overtones – and therefore highlights a distinction between comments that may be “discriminatory” in the everyday sense of that word, and comments that amount to discrimination, within the meaning and scope of human rights legislation.
[43] In the analysis of whether negative comments rise to a level of harassment that adversely affects a person in their tenancy, the context is critical. Where conduct occurs during a single incident, or does not otherwise amount to a pattern of conduct, the Tribunal will consider all of the circumstances to determine whether it violates the Code: Hadzic v. Pizza Hut Canada (c.o.b.Pizza Hut), [1999] B.C.H.R.T.D. No. 44 at paras. 32-33; Pardo v. School District No. 43, 2003 BCHRT 71. Those circumstances include “the involved parties, the context in which the comment was made, whether an apology was offered, and whether or not the recipient of the comment was a member of a group historically discriminated against”: Pardoat para. 12.
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There was an education case recently that was posted, connected to family status and I didn’t blog about it because it actually pissed me off. This complaint was so ridiculous. If it was in the context of disability, it would be a COMPLETELY different story. But this parent just didn’t want to drop their kid off further away from the school because their child (who doesn’t have a disability) wasn’t allowed to be dropped off at the front door with the elementary students due to the school’s traffic policy, and their high school student would have to walk 10 min. Give me a friggen break! There are SOOOOO many parents who deal with very serious, horrific matters, and this person is making their process longer because the tribunal has to process a complaint like this.
Here is the case. Conchie v. Vancouver Christian School, 2026 BCHRT 221.
Most parents do not jump the gun and just start filing complaints. Most parents recognize the impact that these complaints are going to have on other people and themselves.
If for no other reason, if you do not properly navigate the internal systems, you have a much higher chance of your complaint being dismissed.
The collaboration period for the duty to accommodate is not short. The tribunal recognizes and allows for it to be long and for there to be delays.
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McRae-Chalus v. City of Burnaby (No.2), 2026 BCHRT 239
[6] The City’s accommodation process was not perfect. The City did not consistently take a proactive approach to obtaining information about Ms. McRae-Chalus’s restrictions, and took an unhurried approach to her desire to return to work except at times when it appeared she was about to lose her disability benefits. However, I find these problems did not affect the ultimate outcome of the accommodation process, and considering the process as a whole I find the City met the standard of accommodation to the point of undue hardship.
[172] In summary, although the City could have acted with more urgency at times between September 2019 and July 2020, and could have communicated more directly with Ms. McRae-Chalus, this would not have changed the outcome of the accommodation process. I find the City’s conduct during the accommodation process, considered as a whole, was reasonable. The City satisfied its duty to accommodate Ms. McRae-Chalus.
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While this is an employement situation with an adult, and anyone could argue that children’s need require more urgency, the duty to accommodate is a multi-party process and and there is no time frame when it needs to be done. It is viewed as an ongoing process. As long as they show they are making attempts and working on it, to provide “reasonable” not perfect or ideal accommodations, you might be surprised how your complaint proceeds. You will need evidence of harm that bring “your allegations out oft he realm of conjecture”. I highly recommend you spend the money/time getting a lawyers analysis of your case if you are wondering if your complaint would be successful.
Law is not perfect. The duty to accommodate is not perfect. Your child’s school experiences need to meet the legal discrimination test and not be justified by the school district to the point of undue hardship. If you go too fast, you may be hurting your chances at your complaint being successful, you may impact relationships with the school too early, and it may not be in your best interest.
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JF obo DF v Calgary Board of Education, 2026 AHRC 68
[27] The Alberta Court of Appeal stated in Callan v Suncor Inc.[9] that a complainant “is not entitled to dictate the accommodation he or she will accept” and that “[t]here is no duty of instant or perfect accommodation, only reasonable accommodation.”
[37] While it is clear from the materials that the complainant’s parents have been dissatisfied with the respondent’s accommodation efforts for some time, the record supports a robust, collaborative approach to accommodation that, although it could be argued was not perfect, reasonably accommodated the complainant to the point of undue hardship. Prior to the Complaint being filed, and afterwards, hundreds of emails were exchanged between the parties, and many meetings held, to develop, implement, and adapt accommodation plans for DF.
[38] Therefore, I find the Complaint has no reasonable prospect of success under section 4 of the Act.
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The grey zone is between “reasonable accommodations” and undue hardship. Some situations are pretty clear-cut; others are very murky.
This case that came out in 2024 very clearly states that not all negative experiences are discrimination and as long as the school is reviewing, modifying and adapting their response, they consider it to be reasonable.
Horrible things can happen and you can be angry as hell, and it still not meet the legal test.
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Worker A v. Fraser Health Authority, 2025 BCHRT 250
[63] This is a sad case. There is a lot of evidence that Worker A took great pride in her work, and her life has been completely altered since her mental health declined in 2020 for reasons related to her working conditions at that time. However, the evidence could not support a finding that Fraser Health discriminated against Worker A in her employment. Her human rights complaint is dismissed.
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Every case is different. It will completely depend on the context of your case. Parents who do not jump the gun and think about it will be much more successful and have stronger cases. Do you have evidence for your allegations?
The human rights process is slow. A lot of the significant issues that parents are dealing with are so serious they meet the legal test for fast-tracking.
I think litigation has a very important place in society for advancing the rights of marginalized people. Decisions from the human rights tribunal are GOLD. One complaint can help so many people. Sometimes collaboration has run its course or those in power just refuse and you hit a wall. I have written a blog about how important litigation is for by Building Advocacy’s website. External complaints serve an important purpose to keep kids safe, and for strategic systemic advocacy. Cases that advance the Human Rights Code are like a controlled burn. They keep the forest healthy. They keep society healthy.
BUT…..
Cross your T’s. Dot your i’s. If you jump into complaints too early, you won’t be helping yourself. You want a strong case with evidence. People who jump in too early risk having a very narrow focus and missing other resolution options; they risk having their cases dismissed and becoming even more angry and bitter with the system. I would never suggest to people that you need to file over every little thing. Does your issue warrant state intervention?
I just want people to pause and think about it. And I say this with love in my heart, and a raised hand as I say this, as I have been guilty of this; sometimes we have been so traumatized by the school system that we end up perpetuating more harm onto ourselves. I place no blame on those who have been oppressed and harmed by the system. Judging or blaming those for surviving is horrible. I offer you nothing but empathy. As a supportive friend, I would just ask that you pause. That is where an independent review from a lawyer can provide that legal analysis that may save your sanity. Lawyers can also intervene early with you and get the schools doing what they need to be doing. Getting advocacy support from others can offer an independent view and an extra set of eyes that the school may need. External complaints can do this too.
Your internal advocacy and the school’s behaviour will be analyzed with a fine-tooth comb.
AND….
If you need to file a complaint to protect your child. Do it. And thank you! We wish you well.