** Reading human rights cases can teach us what our rights are and how they will be interpreted by the tribunal or courts. As it is important to understand, “It is how our rights are defined.” We also need to look at how the tribunal will interpret the school’s behaviour as unreasonable or reasonable.
Accepted Human Rights Cases
* Here is a list of complaints that were accepted as human rights complaints that were allowed to proceed to the next steps.
Anxiety, Meaningful Inquiry, Self-advocacy, IEP, Transition to HS
* This student didn’t have a designation/IEP at the time of the complaint. This decision highlights self-advocacy expectations and the school’s duty to investigate when a student is struggling due to their disability-related needs not being met. TRIBUNAL WIN – Made national news. Self-represented parent.
Bullying
* This case went all the way up to the BC Supreme Court. WIN. School’s have a responsibility to not only address bullying but have a plan and do things to try and prevent it from recurring.
Child Care Cases
* These are examples of child care human rights complaints.
Dismissal Applications – How to Respond
* This case explains the legal test you need to meet and how to respond if your school district is trying to dismiss your case.
Duty to consult
* This case was key in ensuring parents/caregivers are meaningfully consulted. There are various inclusion documents that outline what meaningful consultation means since this case.
Duty to facilitate – responsibility of the parents/guardians
* This case explains the parents’ responsibility of facilitating “reasonable” accommodations by the school, whether we agree or not or our human rights complaint can be dismissed.
Family Status – Adding yourself to your child’s complaint
* Parents can file a human rights complaint on behalf of themselves if they have been harmed by their child’s human rights violations from the school. Eg. School exclusion leading to loss of job.
Get No Anonymization, TRB Decisions = HRT Decision – NOPE!
* This case is important for the school district’s lawyers to know that they cannot try to dismiss your case because you filed Teacher Regulation Branch complaints. Also, arguments on how to name your child’s school/district. This is an independent school decision.
NO EA = HR Complaint, Anonymization
* This complaint was accepted because the parent was alleging discrimination due to the student not having an EA support for one of his classes. The tribunal will always protect the child’s identity as a priority.
Parent advocacy (Conduct) -communication with the school
* Even if you are advocacy fiercly, they still need to accommodate your child. They can’t blame your advocacy as the reason your child isn’t being accommodated.
Psychoeducational Assessment Request
* A family won a human rights tribunal decision in Montreal for their child being denied a psychoeducational assessment because they couldn’t afford to pay for it privately.
Reasonable Accommodations (ADHD, Dyslexia)
* This decision is important to explain that schools can’t give up. They must continually be reviewing and adapting their response to the child.
