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 know about. The legal test for employment and human rights can be very specific.
[17] At a hearing, Mr. Misiak would have to establish that he has a disability, that the District treated him adversely, and that the adverse treatment was connected to his physical disability: Moore v. BC (Education), 2012 SCC 61at para. 33. Mr. Misiak is not required to prove the complaint at this time but need only point to some evidence capable of taking the complaint “out of the realm of conjecture”: Berezoutskaiaat para. 24. The threshold to move the complaint forward to a hearing is low.
[18] The District says there is no evidence that Mr. Misiak has suffered a disability related adverse impact and his compliant has not been taken out of the realm of conjecture. I agree.
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He had an injury to his elbow from 2018 that limited what he could do with his left arm.
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[20] The materials show WorkSafeBC advised that Mr. Misiak was limited in performing repetitive motion with his left arm, and forceful or sustained gripping with his left hand. The undisputed evidence of the District is that Mr. Misiak was placed in a job that does not require repetitive motions with his left arm or any forceful or sustained gripping. Mr. Misiak has not identified any accommodation that was recommended by WorkSafeBC, or that he requested, that was not implemented.
[19] ……..The District provided detailed evidence of the recommendations made by WorkSafeBC and how they implemented each recommendation. While Mr. Misiak says in his response that his WorkSafeBC claim was denied and he was not accommodated, the evidence before me shows the District implemented all of the recommendations made by WorkSafeBC.
[22] Mr. Misiak’s submissions are general complaints about the conduct of members of the health and safety committee at meetings, and the quality of air filters in schools. It is unclear on the materials what equipment Mr. Misiak is saying he had to supply for himself. He says the District took a long time to purchase and install new drill presses for the school’s woodworking program but has not pointed to how this is related to any physical disability he has. Similarly, Mr. Misiak alleges someone stood in front of him during a health and safety meeting and he was unable to respond to questions. Mr. Misiak has not provided any information that links his experience at a meeting to any disability. The District points out that there is no evidence to support Mr. Misiak’s allegation that he was not paid for his work.
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Four points to highlight
* The test to move a complaint past the dismissal stage is LOW….but you still have requirements you must meet.
** You will need to be able to identify your disability-related adverse impact. Not just any adverse impact. It has to pass the discrimination test.
*** You need to point to some kind of evidence that supports what you are claiming.
**** You can have unfair, horrible stuff happen to you, but it doesn’t mean that it is discrimination. There is not going to be legal remedies for all of the negative experiences you have in your life, or for all of the horrible things that people are going to do to you.
You will save yourself a lot of unnecessary pain and deprive the lawyers of their billable hours by understanding what complaint systems can create change and what those systems need from you in order to be successful. There are limitations in all of them, and they are all connected to different legislation. There are also complaint avenues or resolution avenues as an employee that I do not mention in this blog or on my website, as I primarily focus on parents advocating on behalf of their children. Information on complaint system options.
Parents & caregivers, we too have to focus on our kids’ disability-related needs, and how the harm they experience is connected to those needs, to be able to pass the discrimination test. We too, have an education case from the tribunal that has been very clear that not all negative experiences are discrimination.
[110] ….I accept that these incidents which X relayed to Y were upsetting to X. I appreciate that the interactions may have fed into X’s general feelings of unease at school, but the fact alone that these events may have happened is not enough, in itself, to establish that X’s disability factored into them. Not all negative experiences are discrimination. Even accepting that these incidents occurred, I did not hear evidence that could establish, on a balance of probabilities, that X’s disability was a factor in the conduct of the adults involved in these interactions.
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 so desperate for an escape. Yet, it was hard to leave too and resist the urge to not rush back by day 2. I would have explained more about my sudden departure, but I truly didn’t have the words.
I have been operating at max capacity for a ridiculously long time. Too long. I needed to give myself permission to take the advocacy hat off. Even if for just a bit.
Why?
I have survived K-12 education. For 15 years of my life, my kids with invisible disabilities were in public school. Both graduated and went to their graduation ceremonies.
I have also survived 3 Human Rights Complaints (3 public-facing decisions – 1- Final decision from an 8-day hearing -5 years, many private decisions), 3 Ombudsperson BC complaints that lasted- 3 years, 4 OIPC complaints (1 public-facing Order – 2 years), 8 Teacher Regulation Branch complaints and an external school investigator hired by the district that lasted 2 FULL years.
My last child graduated in June of 2025. I was involved in litigation with the school district for over 5 years. Many years of internal advocacy before all of that. The third human rights complaint ended in a settlement in the fall of 2025.
Everything was now truly complete. It was all over. Then the crash of “fight mode” happened. My body felt different. The engine that was running in overdrive for so long was revving down. I felt bored and unfocused. Like….now what? Now what do I do? What do I think about? I had this space.
As the months unfolded, I felt I was running on empty anger fumes that were no longer being refueled by a dueling opponent.
I was dragging myself. The race was over. Everyone left and went home. Yet…..I was still there…running.
With everything done, I then spent a lot of time organizing all of my files. I had to do it in chunks. It was still too fresh to do it all at once. Saving or deleting thousands of school and lawyer emails. Sorting out which parts of the history of their complaints to create a binder to pass along to the kids. Their history. I was deleting hundreds and hundreds of school emails. Some of them I read and some of them I just couldn’t. Re-examining everything with a new lens. After years of clinging onto everything for potential litigation use, when I finally pressed the delete button, I felt like I was cutting off a limb. Trying to process everything with the intent of letting go.
Simultaneously, I was meeting with parents through P.A.T.H, and communicating with BCEdAccess families. Everything was blurred. It didn’t feel like K-12 ever ended.
I still found myself looking for the next fight. I needed to stop and remind myself, “Kim – it’s over! Your kids are fine!” Tears would well up, as I repeated this to myself while taking a much-needed deep, long breath.
It is true. It is over. And they are fine. Now. They weren’t always fine. But they ended up being fine because I used every external complaint system to apply pressure to the school district to ensure that they are fine. My kids got their needs met in those final years at school, finally, after years of harm and unmet needs.
Dealing with the psychological games from the school district triggered my childhood experiences that were pushed deep down. School employees will ignore you. They gaslight you. They blame you. They don’t believe you. They dismiss you. They delay you. They manipulate you. They flat-out lie to you. They use social pressure of knowing that people naturally want to be liked to “stay in line” and not cause a fuss. They use social embarrassment and shame as a weapon.
When you have a disability as well as your children, all of the systemic oppression and abuse you faced as a kid just all bubbles to the surface. It’s one thing when it’s you experiencing this, but to see your children now experiencing it….well, it is unbearable.
When I was a child, another classmate at school told me her parents had told her she was not allowed to play with me. I asked why. She said that it is because stuttering is contagious. I told her I don’t think it is. Her reply was, “Then how do you explain accents?” She went on and on about how her parents told her that people learn accents from being around others. Warned people that they should stay away from me or they would stutter too. Then she gathered everyone else up, and off they ran, leaving me to play by myself.
Growing up with a disability and facing social exclusion never leaves you. Children can be cruel. So can the adults. Growing up in the 80’s and 90’s with a stutter was brutal. I spent my childhood years trying to blend in with the wallpaper, as being seen was dangerous. Thanks to the stuttering community I found in my early adult years, I healed, felt what true forgiveness feels like and learned its ok to take up space.
My advocacy was in view of the district administration, the School Board of Trustees, lawyers and their support staff, insurance staff, the school staff, and every external complaint system employees that examined everything. I have counted 50+ people. Everything was on show for people to examine, scrutinize and form an opinion on all of my emails and emotional pleadings. What made it extra sticky was that I was a previous employee; some of these people I had previous social and employment connections with. I also started blogging on a website I created called Speaking up BC. Opening the door to expose my feelings and experiences with abelism and fighting the unfair system.
I already know what social exclusion feels like, and I know that I can survive it. So, when it came to taking the risk and sticking my neck out in front of an audience, I didn’t give a shit what people thought of me. I was willing to risk social consequences. You want to judge me, think bad things about me and not like me? Join the club. What can be looked at as a previous horrible experience from childhood can be turned into an advantage as an adult. I am free. I am not chained down by social expectations like a lot of people are. I have never fit in, and I am certainly not going to try to fit in now. So, whatever you think of me, it’s cool with me. I realized a long time ago that I have no control over how people view me. Let it go.
I have pushed back on every single wall this system tried to put in front of me, as they were constantly trying to change the maze. Walked over every “that’s not appropriate” and just kept filing another application for documents. Got amazing evidence! I have seen the dark shadows. The many gaps in this education system AND in the external complaint systems. I have seen good people do horrible things. I have seen good people be complicit bystanders. Observers who did absolutely butt-kiss nothing. I have seen educators in positions of authority over children prioritize administrative convenience and have placed children in harm’s way. I know things that would shock people. I had one external complaint system realize that they messed up my complaint. Six months of ignoring me, hoping I would go away, but I didn’t. There was no public announcement, but knowing they realized they made a mistake was comforting. Lessons learned. They, too, can learn where their gaps are.
Seeing what is behind the curtain of these systems and knowing how they really work is jarring and changes how you see life and people. I have seen people become destroyed by the systems. You aren’t just fighting the system. You are fighting trying to keep hold of yourself and not become someone else you don’t recognize or respect when you look in the mirror. I have seen desperation bring out the worst in people.
I am the type of person who has to understand all of the crevasses and all the little pieces to make sense of everything and move on. Otherwise, I will ruminate and be hooked on obsessively trying to figure it out. I needed to know and understand how on earth such a cluster fuck up could occur for so long under the watchful eyes of educators.
I have experienced a mixture of success and failure. My evolving motto as I moved through the system was to test and learn, and publicly expose, the decision-making of all of the systems as much as possible. I wanted to figure this out so that we could “fix” what happened to my kids so other families won’t experience the same thing. I wanted accountability. The idea that they were just pushing this under the rug and wanted it all to just go away like it was nothing enraged me. I feared the failures would just continue and never end. Lessons would never be learned. I was completely willing to fall flat on my face and feel absolutely naked under scrutiny. I didn’t care. I wanted what happened to be exposed and examined. You want to poke fingers at me and think I am emotional, great. Let’s talk about why!! Gather everybody around, like some great murder mystery plot reveal, and let’s. talk. about. why.
When trust is broken with schools, it can really mess with your mental health. There are the incidents and all of the events that broke our trust, and then there is the response from the school and district, and then again the response from their legal team. I am not just healing from one thing. There is the harm my children experienced, and then there are their responses to me and their liability processes.
I don’t regret going as far as I did. That hearing needed to happen. I would do it all over again in a heartbeat. I feel a deep sense of peace. I got the information I needed to get, I understand all of the puzzle pieces in the 1,000-piece puzzle. My kids are both doing great. They have survived, gained life skills, and are starting their adult lives. I got more than the accountability and understanding of the seriousness of what occurred than I was even expecting. Lessons were learned. I went to school amongst all of this to SFU and obtained a degree in Criminology and Legal Studies. The injustice was the catalyst that pushed me in this direction. I ended up with a meaningful career I never expected, a higher salary than working for the school districts that I left, and a whole new social network of friends and fellow advocates. But there were costs. Costs I was willing to live with. Because the alternative was not an option.
But back to the break.
I need time to reflect and acknowledge everything. To refill my cup and remember all of the goodness and incredible things that have happened. As well as all of the hardship. I wanted to heal. It will be over my dead body that I allow these people to break me. I was determined to not only create change, but to come out of this better than ever. I am ok with having scars, I’ll take them, but this needs to build me. This needs to be a launching pad and not the guillotine. I want to evolve in life.
In the fall of 2025, I started counselling to help myself process everything. Years of constant advocating for my kids in K-12 brought up a lot of my own shit. I do have to say, it would have been easier on myself if I had taken up counselling waaaaaayyy earlier.
When they say healing is not a direct straight line. No kidding! I would have times where I felt like I was free and weightless. A couple of days later, I am back to being angry and looking for a fight. Then I’d be back to being thankful for all of my experiences and how my quality of life in the end has increased. Then back to feeling that I never want to see anyone who works at the district ever again. And then the cycle continues. Counting my blessings. Then singing ABCDEFU by Gayle at the top of my lungs. Ask me how I am, and it will depend on the day. Healing is messy. All over the place. Always shifting when you think you are finally done.
I will be honest. I made mistakes. My advocacy wasn’t perfect. I was my own mountain at times. It wasn’t only them. I have gone back and reviewed previous emails, and I now see some attempts of them trying to bring this to an end. I honestly didn’t even process it. I look back on documents, and I swear what I was reading now wasn’t there then. I have no memory of reading that. But it was there. As the years unfolded, I saw everything as an attack more and more. They thought that they could end it whenever they felt like it was a good time to do so. They were too subtle and too late. When their attempts weren’t working, the lawyers went full speed ahead. A bull. Eyes on target. Set to destroy. I think they truly wanted to break me so I would shrivel up and disappear completely. Instead, I turned into a bull back. Two bulls in a room. Nothing left but stubborn will.
This break has already been exactly what I needed.
I am giving myself permission to focus on myself. This week I have vacation time off from work. I am really looking forward to some me time.
Listening to everyone navigate and share their stories on social media is triggering for me. It’s incredibly emotional. It sends me back in time, and I needed a break and separation from witnessing the trauma to smooth out all of the corners and come to a place of forgiveness. My peace needed to seep in deeper into my bones. Not just be in my head, but be in my heart.
This time off has felt like I was placing the period at the end of the sentence. Sealing the envelope. Closing the book. My children had their graduation ceremony. I needed something to signify my ending.
I have lovingly placed the K-12 education life experience on a bookshelf. I have forgiven myself for all the things that I didn’t know, but wish I had known at the time, and for all of the things I wish I did differently. I have forgiven all of the people involved for all of the things that they didn’t know at the time, and for all of the things that they wished they had done differently.
For the smaller group of people who intentionally and knowingly harmed my oldest child and me, and went ahead and did it anyway, my forgiveness is still fluid depending on the day and hasn’t solidified yet. One day, I hope to be rooting for you.
I had a wonderful person in my life when I was a teenager. She almost died in a car accident, and it severely altered her life. She fought to live and ended up on disability, lucky to be alive. She kept a picture of the totalled car in a picture frame on her wall right by the front door. The car looked so crumpled that you would think it just came out of the car crusher from a scrap yard. She was hit by a large transport truck that was speeding down the highway when it hit a patch of ice. I can’t believe any human being came out of the car alive. People would ask her why she had something so horrifying in a picture frame by her door. She would tell them, it reminds me that I survived that. I can survive anything.
Be proud of your own car crash and survival. Own it.
Healing takes more than just time. It takes focus and effort. It is a worthy goal.
To strip off the anger. To wipe away the disappointment in a system that is different from what I expected or wanted. To forgive people for not being perfect and not knowing everything, I think they should have already known. It’s a place of acceptance. I don’t need to like the system, but I accept the reality that we are all in. I don’t want to carry the heaviness and be angry for the rest of my life. Anger had served its purpose well. It was action. It was fuel. But now it is time to put it down. I don’t need it to fuel me anymore.
The ball of anger and disappointment never really goes away; it just feels different. Further off in the distance, sleeping somewhere. Not so close and alive. Demanding my attention.
Before I went on my break, I lost my words. Some would call it writer’s block. But it was more than that.
I have always been limitless in how much I could write. It flowed through me. I felt I had to try to pace myself so I wasn’t overwhelming people. But then, suddenly, the well dried up. I would lift my pen to write in my journal, or place my fingers over the keyboard to write a blog, and I just didn’t know what to say anymore. About anything. I would sit there staring at the wall. Just….nothing. I felt anxious. Something was off, but I didn’t know what. That’s when I knew. This isn’t good. I am finally beyond my limits. I have been taking care of everyone else and not enough of myself. I feared I was reaching burnout.
I know my cup is filling up again because I woke up one morning and just like that, my pen is moving, and I am back to writing. My words have returned. I don’t feel depleted anymore. I was an anchor who jumped over the boat, wishing to hide in the deep and dark parts of the water.
The human rights decision is a fraction of the whole story. The tip of the iceberg. The whole story isn’t just about discrimination. The Board and the district didn’t need to make all of the systemic changes they did. They went beyond the base minimum of fulfilling their own liability needs. Some of the signs of their work are public-facing, but unless you know what to look for, you won’t be able to connect the dots. The breadcrumb trail spans years. By the significant changes that have occurred, hard conversations have clearly taken place. Even though I have never signed an NDA, I will never parade the individual details of those involved for public gawking. Some people have suggested I write a book about all of this. I am not going to do that. I also had a journalist reach out to me from another province who was very interested in the backstory of my website and how and why all of this started. She couldn’t have been more eager to write a story. I declined the offer. Enough media attention has already occurred that I am beyond satisfied. For everyone who has been connected to this, we all should have the right for this to come to an end and move on with our lives. Advocacy and sharing knowledge about these educational issues can be done in a way that is respectful and humane. I don’t need to tear people to pieces in order to use what happened as a way to advance the system. I am very selective with the information I share about everything I have experienced, and do so with purpose. I am not a tell-all novel. Information for advocacy can be offered up for families’ consideration while still respecting our family and the district’s privacy. I firmly believe we all deserve a second chance. It doesn’t benefit society if people make a mistake and we forever write them off. We want society to show grace to our children and to us who don’t get things “right” the first time; we need to show grace back.
I fight so hard for others, for the same reasons many of you all fight so hard for your children and others. I have been where so many of you have been. I, too, have quit my job due to a lack of school support. I felt like I was going to have a mental breakdown dealing with the school. Years of sleepless nights. Anxiety through the roof. Wanting to rip my face off I just couldn’t stand it anymore. Nauseous – physically sick. Stress hives breaking out all over my back and chest. Leaving in the early mornings to walk on a treadmill at a gym – I would cry and try to process what email I should send next. Terrified the staff would find me annoying and take it out on my elementary-aged child. Who was already dealing with abuse from the school.
But the quiet and unplugging is essential. I have intentionally slowed down. Engaging in somatic therapy activities. Poured on the self-care activities I know that will work for me. I know some people cringe at the word self-care. It is so overused. But I wanted it. Needed it. And it is working.
By stepping away, I have my energy back.
I am refilling my cup. I am the only one responsible for refilling it, and I am the only one with the ability to do so.
I see the big things that indicate to me I am healing. My energy and writing are back. I also see the little things.
My favourite singer is Sarah McLauchlin. I love her music. I have been listening to her for years. During the tribunal process, my music preferences switched. I was always listening to fast, pumping take-over-the-world music. A couple of days after my break started, I was gravitating back to my Sarah music. By Day 6 it was all I was listening to for hours. Going through all of her albums.
“The world is on fire, it’s more than I can handle I’ll tap into the water, try to bring my share I’ll try to bring more, more than I can handle Bring it to the table, bring what I am able”
Welcome back, Sarah. I have missed you.
I am at a place where I can make a decision. I could step away and never have anything to do with K-12 education ever again. Disappear off the grid. Or I could intentionally make the decision to come back. Previously, I felt like I was trapped in time. My children have moved on, but I was still stuck in the past.
But I don’t feel like that anymore. This break was me leaving. I found my way to the future.
I am intentionally deciding to come back. That intention makes everything feel different. It is not just a continuation.
I am not coming back as someone currently in K-12. Not as “we”. We aren’t in this together anymore. I was questioning whether I should be in the role of Chair or be doing this work if I were no longer in the same ocean, trying to keep afloat and not be swept away with the strong currents, along with everyone else. But I come to you all now as someone standing on the shoreline, on solid ground, throwing out the life preserver of lived experience to the next generation of change agents. Someone who went through it and came out on the other side still intact. I didn’t lose myself. If anything, I met myself.
It is day 7 of my break, and I am itching to come back. As much as I was ready to cut everything and run, the pendulum swung, and I am already on the other side. I am a little intense. It can be all or nothing with me. I am either ready to take over the world, or I am taping out on a beach somewhere, counting stars. Again, meeting myself.
I am still aiming to take the rest of the time to deepen and solidify all the progress so far. Or at least I am going to try. I do really want to force myself to take this time and use it. I am looking forward to being back on May 1st and reconnecting, and also meeting the new families seeking services and support through P.A.T.H and BCEdAccess. When the next runner comes up beside me to reach for the baton, I will warmly pass it off to the next Chair of BCEdAccess. P.A.T.H will continue to be an evidence-based lighthouse.
I love all the families that I have witnessed over the years, who are still trying to do the best they can for their kids and themselves in such a broken system. But also for the ones who have honoured that they need a break to refill their cups and heal. I love all the families whom I have never met and will never meet, but are still somewhere trying to stay afloat, swimming against the current. You are all in my heart.
Much love and solidarity to you all, Kim, – From solid ground. xoxo
The tribunal member goes into detail about how a tribunal member will interpret witness testimony!
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[15] For all witness testimony, I start from the presumption that the witness is telling the truth: Hardychuk v. Johnstone, 2012 BCSC 1359 at para. 10. When making findings of fact, I determine which evidence is most plausible based on a balance of probabilities:Mr. S v. Cannae Holdings, 2018 BCHRT 47 at para. 12. When assessing which evidence is most plausible, I consider the credibility and reliability of the witness. I consider factors including the firmness of the witnesses’ memory, whether their evidence changed during cross-examination, whether the evidence seemed unreasonable, impossible, or unlikely, and whether they had a motive to lie: Bradshaw v. Stenner, 2010 BCSC 1398, aff’d 2012 BCCA 296, leave to appeal refused, [2012] S.C.C.A. No. 392 (Q.L.) at para. 186. I also consider whether supporting or contradictory evidence exists, and whether a witness’ evidence is internally and externally consistent: Harder v. Tupas-Singh and another, 2022 BCHRT 50 at para. 6. Overall, I consider whether each witness’s evidence was in “harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions”: Faryna v. Chorny, 1951 CanLII 252 (BCCA) at para. 11.
[16] I can accept all, some, or none of a witness’ testimony, and I may attach different weight to different parts of a witness’ testimony: Meldrum v. Astro Ventures., 2013 BCHRT 144 at para. 4; Campbell v. Vancouver Police Board (No. 4), 2019 BCHRT 275 at para. 18.
[17] Overall, I am satisfied the witnesses testified truthfully to the best of their ability. There were several instances where Ms. Mosquera and Ms. Benkhalti gave conflicting evidence on significant issues. For the most part, I find that the conflicting evidence was the result of the misunderstanding between Ms. Mosquera and Ms. Benkhalti and not because their evidence was not credible or reliable. Further, memories surrounding certain events or conversations had understandably faded and some of the differences between the evidence of Ms. Mosquera and Ms. Benkhalti can be attributed to subjective interpretations and perceptions of the same incident.
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This person was self-represented and they wont their case. Even though the discrimination was due to a misunderstanding and it was not intended.
It’s a great reminder that discrimination is not about intent. You will not need to PROVE that they INTENDED to discriminate, just that they did.
Human Rights Code Section 2
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2 Discrimination in contravention of this Code does not require an intention to contravene this Code.
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[8] For the reasons that follow, I find that North Horizon discriminated – albeit unintentionally – against Ms. Mosquera based on her sex and family status. I also find that North Horizon did not retaliate against her contrary to s. 43 of the Code.
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She is getting over $45,000 in compensation. Click the link above to read the order and read that case in full.
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 increase in “behaviour” that further led to exclusion.
The communication between the parent and the school was difficult, and they were banned from the school. The tribunal found that the district did not do enough to de-escalate the conflict.
The Human Rights Tribunal in Ontario found the school district discriminated. This case is what SOOOOOO many parents experience. It’s a long decision but a worthy one. I feel that many parents can print off this case and connect with what they are experiencing.
Human rights decisions in other provinces are not binding, BUT they are persuasive. So if the district tries to minimize the importance of the decision because it’s in Ontario, don’t believe them. They are just trying to do what they always do. Reduce, minimize, deny, deny. This case is from 2013. This is not “new” that parents advocacy cannot be used against them to justify the school district denying accommodations. Challenging communication does not release them of their legal duty to accommodate children with the disabilities to the point of undue hardship.
Here is another example, as I have outlined in Part 5 – Duty to Facilitate in the Duty to Accommodate series.
(c) School boards have an obligation under the Education Act to provide appropriate special education placements, programs and services to their exceptional students. Parental conduct or lack of parental authority cannot be used as a justification for not meeting an exceptional student’s needs; and
(d) I agree with the decision in R.B. v. Keewatin-Patricia District SchoolBoard, (R.B./Keewatin) 2013 HRTO 1436, an HRTO decision cited by both parties in this case, at para 265, that a parent’s “fierce advocacy” for his or her child must not and cannot prevent a school board from accommodating the child’s needs to the point of undue hardship.
Okay lets get back to the 2013 case R.B v. Keewatin-Patricia District School Board. There is a lot of history with this case and other decisions around it. But for this blog, lets focus on this decision.
a. Payment by the respondent in the amount of $35,000.00 as monetary compensation for the injury to the applicant’s dignity, feelings and self-respect;
b. R.B. will return to school in the 2013/2014 school year with a full-time shared EA in the classroom, speech/language support for 30 minutes per week and an appropriate behaviour management plan that has been agreed to by S.F. in consultation with R.B.’s treating specialists.
c. S.F. is entitled to fully participate in the IPRC review meeting for the 2013/2014 school year and the development of R.B.’s IEP for this year;
d. The trespass notice and communication ban issued in December 2011 is lifted.
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This is what the complaint alleges in terms of the discrimination test.
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[218] The applicant’s assertion that he was denied meaningful access to an education can be summarized as follows:
a. Failure to provide EA support and learning strategies;
b. Failure to provide appropriate behavioural strategies and to assess R.B.’s academic and behavioural regression in a timely way;
c. Failure to provide appropriate educational programming during the withdrawal and exclusion.
[219] In addition, the applicant argues he was reprised against in the following ways:
a. The reduction of EA support in Grade 2 because of the advocacy of S.F.;
b. R.B.’s exclusion from school on October 22, 2012;
c. The communication ban.
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Here are some noteworthy paragraphs to highlight some areas of the decision to read more. There were some other details of the complaint that I haven’t pulled in there. It would just be too long. But this case is something that A LOT of families experience. I truly encourage you to take the time you need to read the case in full.
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[33] On June 23, 2011, the Vice-Principal advised S.F. that there would be a half-time EA assigned to R.B.’s classroom the next school year at Open Roads Public School (“Open Roads”). Open Roads is a school that amalgamated Riverview and another school. The Vice-Principal advised S.F. that a reduction in Ministry of Education funding had significantly reduced the school’s EA support. She further advised that the school team was confident R.B. would do very well with half-time EA support because of his growth in independence and maturity and the progress he had made in Grade 1.
[98] On October 22, 2012, R.B. was excluded from school by the school Principal for inappropriate behaviour including swearing, using profanity, spitting, yelling, cutting a child’s sweater, stomping on a child’s leg, throwing material and being non-compliant with his teacher, educational assistant, Vice-Principal and Principal. The Notice of Exclusion stated R.B.’s return to school was conditional upon the completion of a psychological assessment by the respondent’s school psychologist, Dr. Michael Stambrook, and the respondent being confident R.B.’s return would not compromise the physical and mental well-being of R.B. and his classmates.
[99] During the exclusion, R.B. was provided with instruction from an itinerant teacher three hours per week in the public library. S.F. supplemented this instruction. S.F. developed a good rapport with the itinerant teacher and R.B. made significant academic gains under her instruction. For example, when he was excluded, R.B. was reading at level 2. By February 2013, he was reading at level 7.
[113] The respondent alleges S.F. made unfounded allegations that R.B. was bullied in Grade 2...
[118] Based on the respondent’s own evidence, I cannot find that S.F. made unfounded allegations of bullying in R.B.’s Grade 2 school year.
[119] The respondent asserts that S.F. falsely accused the school of segregating R.B. in Grade 2.
[124] Based on this evidence, I cannot conclude that S.F. made unfounded allegations of segregation in R.B.’s Grade 2 school year.
[130] The respondent argues S.F. interfered with the accommodation process when she did not advise the Grade 2 teacher that R.B. was no longer taking medication in response to her inquiries in the fall of 2011, at a time when his behaviour was escalating. The evidence from Dr. Warkentin was R.B. was off medication by the end of October 2011.
[137] For these reasons I cannot find that S.F.’s failure to disclose the fact that R.B. was no longer taking medication in the fall of 2011 interfered with the school’s ability to accommodate R.B.
[143] I find that S.F.’s spouse made the statement to the Principal “if you want threatening, I’ll show you fucking threatening”. This statement was a verbal threat. There is no evidence before me that S.F.’s spouse physically threatened the Principal. Although the Principal testified he lunged towards her, the Vice-Principal testified he stepped towards her. Neither witness testified that he made any physical threat. The Principal left the room and the police were called.
[144] The fact that S.F.’s spouse made this comment cannot be attributed as misconduct on S.F.’s part. Further, there is no connection between the comment and the accommodation process for R.B
[154] Based on the above evidence, I cannot conclude that S.F.’s conduct prevented the school from accommodating R.B. in Grade 2. Even accepting that her conduct made her relationship with the school staff extremely difficult, there is no evidence that this difficult relationship prevented the school from meeting R.B.’s educational needs in Grade 2. Put simply, there is no evidence to establish a connection between S.F.’s conduct and the accommodation process for R.B.
[248] During the period of the exclusion, R.B. was provided with instruction from an itinerant teacher for three hours per week in the public library.
Conclusion:
[255] The applicant has established that he was denied a meaningful education when his EA support was cut in half in Grade 2, when he did not have an appropriate behaviour management plan from Grade 2 onwards, when he was excluded from school in October 2012 without appropriate educational instruction, and when the communication ban denied S.F. the opportunity to meet with R.B.’s teachers and EAs in order to ensure that his needs were met.
[256] When a student is excluded from school, he is denied an education. No one would suggest that providing a student three hours of instruction per week in a public library, regardless of the effectiveness of that instruction, is an appropriate education. Dr. Stambrook agreed.
a. Payment by the respondent in the amount of $35,000.00 as monetary compensation for the injury to the applicant’s dignity, feelings and self-respect;
b. R.B. will return to school in the 2013/2014 school year with a full-time shared EA in the classroom, speech/language support for 30 minutes per week and an appropriate behaviour management plan that has been agreed to by S.F. in consultation with R.B.’s treating specialists.
c. S.F. is entitled to fully participate in the IPRC review meeting for the 2013/2014 school year and the development of R.B.’s IEP for this year;
d. The trespass notice and communication ban issued in December 2011 is lifted.
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Another case that was accepted by the BC Human Rights Tribunal when a student was denied an EA for one of their classes, was mentioned in this anonymization decision:
This decision is an anonymization decision, but in the first paragraph it summarizes what the crux of the complaint is about.
[1] In April 2022, the Parent made a complaint against the School District on the Student’s behalf. The complaint alleges that the School District discriminated against the Student regarding its services based on the Student’s mental disability. Specifically, the complaint alleges that the School District failed to accommodate the Student by not providing him with an Education Assistant in one of his classes.
REDUCING EA HOURS THAT LED TO HARM AND A DENIAL OF ACCESSING EDUCATION CAN BE A DISCRIMINATION CLAIM
School staff have a lot of discretion and power in decision-making related to our children. Not just to their learning but to their socialization. This is given to them by the School Act, other collective agreements, and even human rights decisions uphold their expertise.
At the same time, many of them lack knowledge in education law to fulfil their duties lawfully, and they can easily overstep and make mistakes. This gap in knowledge and a call for more legal training for educators is even written about in education law textbooks. (Education Law in Canada: A Guide for Teachers and Administrators, 2nd Edition. Edited by David C. Young). This book even lacks sufficient knowledge on the Duty to Accommodate, which they admit. This book for 2025, the written content entered was capped at February 2024.
We know that the Human Rights Code supersedes teacher classroom autonomy, but many educators don’t. For some, it is quite the wake-up call when they find this out. Accommodations are required. They don’t get to decide not to provide them because of how they want to run their classroom.
Chances are, if you have read all of my blogs, you will know more about your child’s rights than they will. Which is really a failing for all involved. I don’t think it is fair for teachers to truly not understand what their legal responsibilities are, either. I would feel nervous in that role.
But first, before we dive in: What is written authority?
Written authority is law, policy or some kind of document. Something that is written and acts on behalf of other people, that has power, and people will use it as a decision-making tool. If school staff deny our requests, we always want to ask them something along the lines of: What is the written authority that supports your decision? Basically, says who? Where does it come from? People just can’t just make stuff up.
Staff may feel very confident when making statements. You would swear by their confidence that they are true. Not necessarily. And not that they are intentionally trying to mislead you. Although some people may flat-out lie to you. As I have experienced both.
When they tell us information, especially when it is related to a decision, always ask where that information comes from.
If they tell you that teachers are allowed to _______________________.
Then we can ask them to show us where the written authority is that states they are allowed to do that.
Basically, administrators are very good at spinning stories and making things look very professional. They may legitimately believe what they are saying. We want to cautiously accept what they are saying to us, and always question what they are telling us. We don’t accept vague assertions. How you want to frame your inquiry is up to you. Maybe as a sense of curiosity, and wanting to understand your rights. But you have every right to understand fully where they are coming from, and which written authority they are basing their information on. Sometimes they are correct in what they are telling us, but we also know that the Human Rights Code supersedes policy.
The topic of trust is a layered topic when it comes to education for families with kids with disabilities. We have been hurt over and over again. We know the district operates from a liability lens and they have many obligations connected to staff and the public that go beyond the best interest of our child. We want to believe that they know what they are talking about. But sometimes… honestly…. they just don’t. Or they don’t understand the whole picture.
So what is that zone of trust that we need to enter? Where we can bring ourselves to trust them enought to drop our kids off every day, but also not believe everything they say and be vigilant enough to not assume they are doing everything they can or should for our child?
Ask where that information comes from.
Because you have a lot of written authorities on your side too.
The strongest form of advocacy includes the following: strong documentation, evidence, and written authorities (using law, policy, and other documents created by the school). Follow official internal complaint/advocacy channels. When necessary, file external complaints.
Instead of us just taking their word for it, we can ask them to explain
For example: You are telling me they have full autonomy to make discipline decisions. How is the teacher’s discipline decision in line with the Teachers Standard #1?
Or
How has the school’s approach to my child’s IEP development been in line with #4 & #5?
If they have to go in front of the tribunal at the BC Human Rights Tribunal, they will need to provide evidence that they are providing your child with reasonable accommodations. So why not show you this now?
No one anywhere in any profession can just operate in a way or say things that are not grounded in truth, ethics, evidence, or in line with laws and policies. Not nurses, pharmacists, counsellors, car mechanics, engineers, dentists, etc, etc, etc.
We don’t want fluffy conversations that they think they can just float past us and we just accept these without understanding what they are talking about. We don’t accept vague beliefs or opinions. If they are using words that you don’t understand, stop them and ask them to explain. If they state something, we want to know, where is this coming from? Show me.
As you advocate, you will get better and better. You will learn more and more. Your child is getting an education. So are you.
They aren’t breaking you. They are building you. You can take this pile of shit that you are dealing with and turn it into fertilizer.
This stuff isn’t easy. Take it inch by inch. We don’t move mountains in a day. Scream into a pillow and then get to work.
Ask for help!
Here is the school advocacy help directory. These people know their stuff, and they can help you. You don’t need to do this alone. For those who would like to consult with a lawyer, I recommend Kesari Law Corp.
Accountability is extremely important in education. People who are the decision makers in children’s education have a lot of power. Their decisions have a direct impact on children’s development, learning, and mental health. Make the wrong decision, and it could send a child on the trajectory of self-harm, suicide, lifelong struggles with unemployment, mental health issues and bouncing around in the prison system. Parents aren’t fighting for preferential treatment; we are fighting for our kids’ chance at a life.
Here was the scariest thought that I had in my head. I couldn’t let go of what happened to my child without the district admitting their staff made huge mistakes. Because it they weren’t even aware or had the will to acknowledge the harm they caused, they would just repeat it. If you are doing everything to shorten our conversations, delay communicating with me, we aren’t getting off on the right foot.
The idea of them just getting to push this under a rug and carry on in their lives as if this never happened was sickening.
Without accountability, they think they are untouchable. They don’t need to answer to anyone. They can just make whatever decisions they want.
That is terrifying to me.
Especially when we are talking about children who have no control over their own lives and kids who just want to have their parents to love them and be liked by others. Just wanting to be included. Kids don’t have control over anything when they are in school. You don’t fall in line, the feedback is fierce. Charts on walls with your name on it – public shaming is their specialty. Time outside revoked. Sorry, no fresh air for you today. Even adults who are incarcerated should get “yard time” on a daily basis.
Accountability in education is extremely important. External complaints are the outside eyes that they need to know, are there. Outside the perimeter. Can be called on at a moment’s notice. Parents get a whiff of denial, minimizing, or gaslighting. We need backup.
Everyone wants accountability because the fear is that the untouchable school admin will keep doing this to other people. More kids will be harmed.
Can you imagine if the Human Rights Code were actually removed?
That could have happened.
It would be a free-for-all. Why? The Human Rights Code doesn’t have value without a way for us to enforce it. THAT is the BC Human Rights Tribunal. The process that we navigate has as much value as the Code itself. If the process is sick or unwell, so is The Code.
Think about that.
Is the BC Human Rights Tribunal process healthy? Or is it sick? And what does that mean for the Power of the Human Rights Code? How long are the delays for a complaint to be accepted? Access delayed is access denied.
Right now, it’s 18 months to 2 years.
For all of the politicians who believe in the importance of the Human Rights Code, you need to put the same importance of that into the BC Human Rights Tribunal, which is incredibly understaffed and overwhelmed with complaints.
We need the government to not just use its words, but show us with action, that they truly believe in the importance of the Human Rights Code.
The Human Rights Code and BC Human Rights Tribunal are intertwined.
If you care about the Human Rights Code, then you must also care about the process of accessing those rights through the BC Human Rights Tribunal.
When you file a human rights complaint, and if it gets accepted, you will receive an email notifying you that your complaint is proceeding.
The school will get the email as well. This is the first time they will be contacted by the BC Human Rights Tribunal. They will have an opportunity to submit a “response” a few weeks later.
It will be multiple pages long, and they will be defending themselves. Listing all the reasons that your complaint is not true, or if it is true, their decision-making is justified.
Just a heads up. It is very difficult to read.
If you need to move heavy furniture, read this right before you have to do so, and you’ll be done in a jiffy.
Some of it will be downright ridiculous to you.
At some point early on in the response, you will see the sentence “We deny each and every allegation”.
I read that sentence, and I swear, something snapped and changed in me forever.
I didn’t know this at the time, but this gets sent to every single parent.
I have seen a lot of documents from parents across this country, and this type of sentence is in every single one. Even when they know they are guilty, it doesn’t matter. I would be shocked if this sentence didn’t show up in your response.
Now. I have some thoughts on this.
I am not sure how this sentence started or who thought this would be a good idea to send to people a long time ago, but sending this to an already irate parent is not the most intelligent thing to do. In fact, you are shooting yourself in the foot as far as I am concerned.
I can tell you that after my eyeballs reached the end of this sentence, I had decided that I was taking my case to a hearing. And, I stuck to it. If I ever needed to refill my gas tank, I just re-read this one line. I was refuelled and back in action.
What I read from that sentence was this:
“Dear Kim. You have been cordially invited to attend a hearing. We do hope you will attend. We look forward to the duel.”
And my response was
“Sounds splashing. I shall be there!”
If you want to pick a fight with a mama bear, please do send this to them. I wish you good luck. The blessings will rain down upon you.
For the parents reading this shit, just know, they have to write something. They certainly are not going to send a response that says…. “ummm yup, guilty, we actually did everything they said. We thought we would get away with it…. but gosh… I guess not. Guilty!”
They will take slices of “truth” and state them as they are the most relevant important facts known to humankind. Just because they are writing stuff down doesn’t mean it is true, doesn’t mean they have evidence to back up what they are saying and doesn’t mean their arguments are strong. They could be very legally weak. For example, “XXXXX passed the class.” Meanwhile, we all know it’s because you hired a tutor. You get the idea. Or “XXXXX never asked for ________.” Meanwhile, we know that they never asked for anything because they were terrified.
But that’s what they get paid the big bucks for. (Insert eye roll)
We run on anger.
Thanks for pissing me off. xoxo. That was an excellent strategy. Cheers!
I now read that sentence and crack up. I need it on a t-shirt. It’s incredible how different I feel about these things as I look back in time, years later. Lots of things are shifting as time moves along.
So, if it propels you forward, then awesome. Read it hundreds of times.
If it’s anxiety-producing, every single person gets it. It’s not personal. It’s just one of their standard, boring, meaningless sentences. Them denying things…. heavens to Betsy. Shocking. They just plunk it in.
There is a new human rights decision out today, and it is not education-related. BUT, there is a part of this decision that I do want to highlight because what this person experiences is something parents need to be aware of. I struggled with disclosure issues. What a fight! Even if they tell you they don’t have documents, make an application anyway! Surprise surprise! It does exist!
This person was awarded an extra $15,000 for costs due to the respondents withholding evidence weeks before the hearing.
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[156] Ms. Neske alleges that Sobeys engaged in improper conduct by failing to disclose material documents until the weeks leading up to the hearing. She submits that during the dismissal application process, Sobeys selectively withheld key documents pertaining to its discussions about restructuring management in the pharmacy department, and that as a result, her complaint could have been unjustly dismissed. She argues that in the circumstances, Sobeys conduct was reprehensible and deserving of a significant award of costs. She seeks an award in the amount of her legal fees up to the date of the application to dismiss, with the actual amount to be agreed on by the parties. Alternatively, she seeks an order of $15,000.
[157] Sobeys says that costs are not warranted in this case. It submits that the threshold for a finding of improper conduct is high and imports a notion of intentional wrongdoing or culpable action which a reasonable person would know is wrong, and which has a significant and detrimental impact on the hearing. It further submits that there was nothing improper about its disclosure in this case and there has not been any prejudice to Ms. Neske. It says that in its decision to deny Sobeys’ dismissal application, the Tribunal highlighted a lack of information about the elimination of the position, and as a result, Sobeys searched for and identified additional documentation which was disclosed in advance of the hearing.
[158] I am satisfied that an award of costs for improper conduct is appropriate in the present case.
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I had to file so many applications for documents, and then I was getting ridiculous evidence that was just GOLD. Also, I noticed a few months before the hearing, suddenly other documents were being given to me that I was never even aware of. They clearly didn’t want an improper cost awarded for them for only giving them over weeks before the hearing. But if they didn’t give them to me and the hearing occured and it was discovered during questioning that these documents existed, then they’d be in big trouble.
So, what do we do about this?
I have an idea.
This is where we can all work together.
I want to create a list of possible documents parents should request in Freedom of Information Requests or during the document disclosure phase.
Every time I learn of a new possible document, I’ll add it to the list.
I’ll start
Counselling intake notes or intake form
Union meeting notes. (When teachers are in trouble, they have a meeting with the principal and often a union representative)
School-Based Team Meeting Notes
Student File (The office one, counselling file, LSS file)
Work safe incident report form
IEP meeting notes
Employee file (paper and digital)
Complaint file at the Teacher’s Regulation Branch .
Anything else?
Teachers….. what other kind of documents do you all fill out?
I will start a new page with this list when I get some more info for people to refer back to. Let’s go team! Many hands make light work.
EDIT: Suggestions from others
Threat/violence incident reports
Attendance records with reasons for absence listed (many times being sent home is marked as “parent excused”)
All communication between outside agencies and specialists
Raw scores from any formal or informal assessments, including reading screeners
Raw scores from all standardized assessments
Principal incident logs (often maintained outside the student file)
EA logs or daily support notes
Behaviour tracking forms or data collection sheets
Parents in BC are restricted to information that other parents have access to in other provinces in Canada.
Two examples:
Legal fees for human rights complaints
Teachers’ Regulation Branch (TRB) – Ministry of Education .
Legal Fees
Parents of Carter Churchill won a human rights complaint against the Newfoundland and Labrador English School District (full Case here). They submitted an Freedom of Information request (FOI) and they got the complete breakdown of legal fees. It revealed what they spent their legal costs on to fight a 5-year old Deaf child from access an interpreter in kindergarten – $682 thousand dollars. Here is an article on it.
When I sent the exact same FOI request to my child’s district, I got S.14 – client privilege arguments. I filed an OIPC complaint and the OIPC backed them up. The districts arguments were that the breakdown would reveal legal communications. When I asked OIPC why I couldn’t access the same information that other parents could in another province I was told that the BC privacy laws are different in BC.
If you want to know the legal fees I recommend you go the route of filing an FOI with the Ministry of Finance. Ask for the total costs, not the break down. When you file the FOI tell them you are filing it under S.25 – public interest. If they fight you, you can offer up this case. Order 1728
Ok, now let’s talk about the TRB
Teacher’s Documents – TRB
In Ontario when parents file a complaint against a teacher, the teacher will respond to the complaint. The parents/caregivers get a copy of that. In BC, we do not. You will have no idea what the teacher submitted in their own defense or what they said. In my experience, it’s usually a pack of lies. If you file a FOI request you will get one piece of paper with a section written on it.
There is a new OIPC decision that outlines the legal arguments that BC has that keeps everything a teacher submits away from parental eyes. Order F26-10. The OIPC clearly does not want the Ministry of Education and Child Care filing a Judicial Review. While the parent is going to receive process documents, still nothing. Backed up by BC laws and an adjudicator who doesn’t think the public cares enough about education or the TRB. If anyone or organization wants to fight this, this decision is your stepping stone. It outlines all of the legal issues you are going to need to navigate. This is a stepping stone for anyone who wants to take this issue and elevate their fight.
In the meantime, we can use our knowledge of the system to get access to all of these documents in other ways. That way is the HUMAN RIGHTS TRIBUNAL. If a mediation meeting fails and you are continuing along in your complaint, you will reach a document disclosure stage. You can file a general application for documents. The school districts lawyers are going to try and persuade you of this. They will tell you that your request is “inappropriate” and send you to the TRB. (By the way – when they tell you what you are doing is inappropriate – you have hit a nerve. You are probably on the right track and they are very nervous about you continuing.) Do not believe them when they tell you to go to the TRB. They know it is a dead end. The evidence that I received getting documents from the TRB was fall of your chair, shocking evidence. Things I wasn’t even expecting or would have thought to ask for. I filed on a group of people and they ended up trying to blame the other person, submitting evidence that the other person was guilty. Beautiful! Thank you very much for that. So, they feel very safe that their documents are going to be protected. Use their false sense of safety. If the lawyers are offering you a settlement agreement you can’t live with, you can let them know that you will be filing an application for TRB documents. You can use the arguments of relevance and credibility of a future witness.
BC’s privacy laws are stricter in BC, or the organizations in BC just don’t have a backbone to go up against the government. Either way… not so great for us. But we can use another routes through the maze to get what we want. The more you know about how to navigate all of the external complaint systems, the further you will get.
Some people say that one person can’t make a difference. Well, this is an example of how untrue that statement is. One person can make a difference. This one person is so discriminatory, hateful and abusive towards a specific community of beautiful people that he has created the most glorious legal decisions that will help pave the way for the equity, free speech in the right for advocacy and the respect that the 2SLGBTQ+ community deserve.
We can’t forget about his famous Supreme Court of Canada and the decision that allows marginalized communities to stand up for themselves in the name of advocacy without facing defamation lawsuits.
It takes very brave people to stand up and fight. The famous quote “The only thing necessary for the triumph of evil is for good men to do nothing”. Well. Everyone decided to do something. And having the perseverance, and determination to willingly go into lengthy litigation battles is never easy.
However, clearly, we have good people in this world who will not stand around and allow this type of behavior to be acceptable. And because of that, we have now this incredible history that is already been cited in hundreds of other legal cases. The gift that keeps giving.
[305] We have also found that Mr. Neufeld exposed the Class to hatred or contempt, and published materials indicating discrimination against them. In doing so, Mr. Neufeld exposed the members of the Class to repeated messages that their very existence was a threat to children, families, and social order. He invoked the most insidious discriminatory stereotypes and tropes to denigrate their efforts to create an education environment that is inclusive for 2SLGBTQIA+ students. He used his power and public platform to call for their erasure in the public school system that they dedicate their working lives to. He described their lives and their loved ones in language that was dehumanizing, delegitimizing, and sought to strip them of their inherent dignity. These harms of hate and discriminatory speech are extremely serious and damaging: Oger (No. 7) at para. 226.
[2] Throughout the complaint, Mr. Neufeld has repeatedly and flagrantly demonstrated his disregard for the Human Rights Tribunal and its process. He has deliberately violated the Tribunal’s Rules and orders, undermining the fair and efficient processing of the complaint. His conduct has caused the CTA and the Tribunal to divert resources away from a resolution of the complaint on its merits, towards policing and correcting behaviour which Mr. Neufeld knew or ought to have known was wrong. In our view, this conduct warrants rebuke. We order Mr. Neufeld to pay CTA $10,000 in costs.
[7] In an August 2024 interview posted online, Mr. Neufeld divulged the following:
But then in February of this year they said ‘Hey Barry, the Chilliwack Teachers’ Association want to make a deal out of court.’ And I said ‘well, what do they want?’ And they said ‘they just want you to apologize for your opinions. They want you to take a sensitivity training so you can understand what transgender is all about. They want you to promise never to run for public office in BC again. And they want you to donate $50,000 to an LGBT charity.’ And I said ‘okay I’ll think about it.’
.…
So I politely told them – I said ‘no, I won’t apologize. They won’t give me any names of who I’m apologizing to. I’m not going to take any Marxist puppy-dog training because I’ve studied this issue for six years. I know both sides of the argument, backwards and forwards. And they have no right to tell me I can’t run for public office. And finally, even if the money’s not mine’ – see my lawyers had told me that if there’s a penalty, my indemnity insurance would cover it – even if the money’s not mine, I don’t want it to go to an organization that damages children.’
So, that was that. And they said, ‘well that’s pretty stupid. You’re going to be found guilty of hate speech.’ And I said ‘well at my age, I don’t really care.’ So, within a couple of days I got a call from the insurance company and they said ‘you turned down a very reasonable settlement offer, we’re not going to cover your expenses anymore, you’re on your own.’
… So that was in February…just this past February. So I started casting about, looking for a new lawyer. And well my government lawyer says ‘we’ll defend you but you’re going to lose anyways. But we need a retainer of $150,000.’
… And then there was another um pro bono law firm and they said I should’ve taken the deal, because I’m going to lose.
