What is Reasonable? – Duty to Accommodate
A lot of human rights decisions from tribunals will focus on whether the school’s response and decision making was reasonable. Where the accommodations reasonable? Was the delay reasonable? Did they try and mitigate the harm? Was that reasonable? Given what they knew at the time about the child’s disability-related needs, did they make a reasonable […]
This is an Emergency!! Serious School Incidents
Not all education issues are sudden, turn into a panic, flip your life upside down or it’s an emergency that needs to get resolved right now. Some issues are slow and build over time. This blog is about emergencies. The sudden ones. If shit hits the fan fast, this is the go-to page. Some people […]
Getting Documents!
Alright, we have seen how the Ministry can “inadvertently” not disclose documents. (wink wink). Yeah right! Lawyers not disclosing documents and withholding evidence they shouldn’t be, isn’t a new issue AT ALL! They can pull some sneaky shit. This is one area they like to take advantage of, and sometimes it takes a legal process […]
Teacher’s Regulation Branch (TRB) Q & A
People often have a lot of questions about the TRB complaint process. I have formatted this blog as a question-and-answer (Q & A) page by taking the responses from the annual report 2024-2025. Why do some complaints get posted publicly and some don’t? From page 4: “To begin with, not everything that may be the […]
Policy Change/Training in Tribunal Decision?
This is very interesting!! This person won their case in a hearing! Woohoo! Employee R v. B.H. Allen Building Centre Ltd. dba RONA and others, 2026 BCHRT 105 This part I haven’t seen before in a decision. ******* [76] Employee R did not expand on his request with respect to policy changes or training during […]
BC HRT – You need evidence. Hearsay from your child will not be enough.
The term “hearsay” in this context is when kids come home and tell us things that happened at school that we didn’t witness ourselves. Here is the heart of the issue. ———- When your child comes home and tells you what happened in school that day—– that in of itself is not evidence the tribunal […]
Disability – Related Adverse Impact (Dismissal Application)
School Employee Files Human Rights Complaint This is an employment case, and the employee is in the school setting. I have only ever written on two other staff employee cases. I don’t focus on this at all, but every once in a while, a case will come along that is very helpful for others to […]
Life After K-12
This blog is about healing from K-12 public education. It has been one full week since I announced I am taking a month break from both P.A.T.H and my Chair role at BCEdAccess. It was exactly what I needed. My decision was fast. I was fighting the urge to delete my Facebook account. I was […]
The Tribunal Take on Witness Testimony
I find reading human rights decisions FASCINATING!!! In this decision: Castro Mosquera v. North Horizon Immigration Consulting Inc., 2026 BCHRT 61 The tribunal member goes into detail about how a tribunal member will interpret witness testimony! ******* [15] For all witness testimony, I start from the presumption that the witness is telling the truth: Hardychuk v. […]
Reducing EA Support Hours = Discrimination
R.B. v. Keewatin-Patricia District School Board, 2013 HRTO 1436 This case is about the school district reducing a student’s Education Assistant (EA) support hours who was doing well with the EA support. The student originally had a full-time EA, and the district cut the time in half. The reduction in support hours led to an […]
