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.

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[76]           Employee R did not expand on his request with respect to policy changes or training during the hearing or in his closing submissions, and no evidence was presented by either party with respect to this matter. I find there is insufficient information before me to make any specific order in this regard, and I decline to do so.

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If you are a parent and you want professional development training or policy to come out of your hearing order, if you win, you’d better ask for it! This is something to think about for anyone who wants to take their case to a hearing. You may want to add items like this in your closing submissions, just in case you win.

The fact that this is possible is very interesting!

Always ask, as you navigate the system. You never know what could happen.

For those interested in what the case is all about:

[1]               Employee R is a gay man who sought part-time employment at RONA to supplement his income during the COVID-19 pandemic. He was subjected to a homophobic slur at work by a colleague and filed a complaint with his employer in which he expressed concern about his safety. Subsequently, Employee R’s regular shift was cancelled and then he was terminated.

ORDER

[77]           I have found that the Respondents discriminated against Employee R in his employment based on his sexual orientation, in violation of s. 13 of the Code. Accordingly, I make the following orders:

a.    I declare that the Respondents’ conduct contravened s. 13 of the Code: s. 37(2)(b).

b.    I order the Respondents to cease the contravention and refrain from committing the same or similar contraventions: Code, s. 37(2)(a).

c.     I order the Respondents to jointly pay Employee R the following:

                                                     i.          $877.50 as compensation for wages lost because of the discrimination: Code, s. 37(2)(d)(ii).

                                                   ii.          $10,000 as compensation for injury to his dignity, feelings, and self-respect: Code, s. 37(2)(d)(iii).

d.    Pre and post judgement interest based on the rates set out in the Court Order Interest Act.

Advocating for Systemic Change

There is a comedian out there who has a really smart and funny skit. “People will die for their country, but they wont do math for their country.” Dying for your country is easy, doing math is hard.

In concept, heading out into battle for your country is glamorous. People have statues built on their heroics and they get metals. It’s emotionally driven, and adrenaline pumping. Doing math, studying and consistently quietly working hard is unseen, and long term visionary thinking. Systemic change takes years. It takes doing “math” for your community. The building of relationships, the consistent unseen work, and sustainability over time. No statues. Maybe some people recognize your greatness, but it is generally uncongratulated work.

I want to talk about how to advocate for systemic change.

To place myself in this topic: I have a degree in Human Relations from Concordia University, Montreal. This is a degree in how people function in teams, families and organizations and how they can be healthy or toxic.

Friction in groups is very important for creativity and productivity. Every team will reach a conflict stage, and when managed well, teams of can be very successful. Having a diverse group of voices, lives experience and expertise is essential for fighting off groupthink. Which is a death sentence for teams that are connected to social policy.

There are open teams. Ones that allow feedback and the external environment to interact with it. Communication will flow in and out.

There are closed teams. Ones that build a wall and lock the doors. An example would be a cult.

It takes a long time to build successfully functioning teams. The most fundamental element to successful groups is TRUST. Firecracker groups start big and are full of energy, but explode and burn out.

Social change requires building credibility and trust with the community as a whole. It requires understanding how everyone is connected. The history of how we got here, what has historically worked and failed. We are all standing on the shoulders of giants who have paved paths for us. We learn from our history, how we have had success, failed, and pivoted. There is an element of risk in being willing to fall flat on your face and get back up and keep trying. Looking for the lessons. Listening to disabled voices in disability advocacy has always been key. Having a growth mindset, humility, integrity, a willingness to fail and keep going is a solid foundation for long term advocacy.

For a social movement, all established community groups need to come together and work together as ONE.

I am reposting my page on Understanding Systemic Change that I wrote years ago, originally on my Speaking Up BC website.



Let’s do “math” for our community and our children.



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Understanding Systemic Change

Some people when they advocate can reach a point when they are beyond frustrated, angry and bitter. Some people have decided to lash out at other people. The very people they are in the trenches with. They end up making it harder and more emotionally draining for parents who are advocating. I don’t think they realize the impact and how upsetting it is for other parents to hear their comments. Crabs in the bucket. My perception is that there is a lack of understanding of how human systems work, and how systemic change occurs and they are frustrated because how they think they should be able to make systemic change occur, isn’t occurring. The wider the gap between our expectations and reality, the more depressed or angry we will become.

I can’t fit everything in this blog about how human systems work, so for this blog I am going to focus on macro-level and micro-level aspects. Macro-level systems are the big ones. The government bodies that include hundreds and thousands of people. They are our political system, the structure of our economy, the structure from the Constitution of Canada and the impact on our system, democracy, our education systems with public schools, private schools, online schools etc. The large groups of multiple moving parts that involve many complex layers, and are maintained by many layers of legislation, policy, and guidelines. Think of many many gears all locked together. They are all moving. Wish to change one gear, and they will all be impacted. These systems have formal codes of conduct and contracts. Also, the unwritten social contracts and social rules that glues everyone together. These systems are tidal wave systems that do not get pushed off course unless something massive happens. I haven’t even mentioned the topic of power. That’s a whole other blog. Systems that are oppressive like to remain that way, unless it’s detrimental to themselves to not change.

Micro-level changes are things that happen on one-to-one individual levels. Individual social interactions. A 20-minute conversation is a micro-level interaction. This is when we advocate with our child’s teacher and they learn something new about ADHD and now they are adapting their teaching and accepting of movement breaks because they understand things differently.

Some people think, that if we only change this one law, or have this one human rights case, or if we change one piece of legislation then everything will be solved for all of the following generations.

I can promise you, if this is how you think, this is where your pain is because that will never happen. Change will never happen because of one person. Ever. We are dealing with way too many macro-level systems all connected and interacting with each other, AND we are dealing with way too many micro-level individual interactions of ableism and lack of information about disabilities. One person is not going to swoop in and solve it all. The education system provincially has hundreds of thousands of people working in these systems. There is not one solution. If we are waiting for a hero to ride in on a horse and save us all, we’ll be waiting for a very long time.

It takes teams. Plural. Many teams. And in our society, it is going to take multiple teams all working together with a common goal for a sustained period of time. These teams are going to have to cover ALL different areas and all different aspects of the multiple gears.

There are 4 elements to a social movement.

  1. There is a trigger event that inspires an intense reaction from the community
  2. ALL of the already established community groups come together and work together as ONE
  3. They have a common simple message that the public can understand. (Eg. Black Lives Matter)
  4. The advocacy of this one common message and connection of all of the groups needs to be for a long sustained period of time.
    .

That is a social movement.

Think of the women’s movement in the 70’s. We still have women’s issues today. But women entering the workforce was quite the shift that started it all off. The different professions women are working in today is because of that social movement.

We need to work at both a macro-level and a micro-level. Even if we had a piece of legislation change or a fantastic policy manual from the government we are still going to be dealing with the individual people who are ableists and want power over. Any change coming from the top down and they will figure out ways to get around it, ignore it, and we will still be struggling with the same shit.

It’s not that we just need to get EA standards and everything will change.

It’s not that we just need to get legislation changed.

It’s not that we just need this one class action human rights case.

We need everyone. We need ALL of it. It is all hands on deck. We need every disability organization, we need all parents, we need trustees, we need educators, we need PAC’s, we need unions, we need everyone working in their own corners advocating for accessibility and inclusion.

Anything less than that, and we will not be able to move the needle enough to notice change in this generation.

It takes a micro-level AND a macro-level response.

Social change, where people really feel that the needle moved, that is noticeable… usually takes 3 generations. But not always…

We are in a catch-22 when it comes to legislation changes. The government won’t enact legislation or funding commitments to items that they feel the majority of their constituents don’t want. Their goal is to get re-elected. If they don’t get re-elected they can’t pursue any of their goals. So, if the public doesn’t care about kids with disabilities and their access to an equitable education…. the government isn’t going to put a massive amount of money into that. They need to make their constituents happy. We also know that society is generally ableist. And oppressive. We are also dealing with evolutionary instincts. Humans are complex. We are a mix of beautifulness and survival instincts. When resources are tight, we want them for ourselves.

Everyone’s advocacy efforts are all part of the work. It all matters. Every single one of you. There is no one single solution or even one single group that is going to just fix everything in a couple of years. It takes massive amounts of people ALL advocating in our own corners. Micro-level and macro-level advocacy work. We can’t just change legislation. We need to change the hearts and minds of everyone to uphold and embrace the legislation even if it does change.

Having said all of this:”Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has” -Margaret Mead

Very true. It all starts somewhere. Seeds get planted by small groups that grow over time.

We need the wild risk takers who don’t follow the beaten path, to envision something more, to push past what has ever been done before, to create cracks in the system and allow new growth to occur.

If you are someone who is belittling other parents’ advocacy efforts. Telling them there is no point to any of their work, and that the system will never change. Which is actually impossible, because systems always change. They are maintained by people and society changes all the time. Please, and I say this with love in my heart. Please find counselling or keep your comments to yourself. The human rights process may have been a waste of some people, which I am truly sorry. The human rights system enforces the Human Rights Code and creates the Duty to Accommodate which is the strongest piece of advocacy tools that we have as parents, and those cases that advanced the Code were because of parents who sacrificed. You are not helping anyone by belittling all of parents’ advocacy and telling them there is no point. You are now the one making this worse for them. When you make statements telling people to give up, you are now oppressing them. I have zero tolerance for that.

This is a marathon. Not a sprint.

It’s a team sport. We all need to train individually but run together.

Let’s build each other up and be supportive.

Here are blogs on systemic change.

Systemic Imperfection
Policy – “soft policing”
Groupthink….Does it Exist in School Districts and on Boards of Education
What Does Ableism Look Like in Schools…It Looks Like This!
Who does Society care about?
Why Can’t we Just Sue the Government?
Families are Advocating – A Year in Review for HRT & OIPC and Media
“this family needed help beyond what I’m trained for” (para 58)
Systemic Impacts of Scarcity in Education

What is Rights-Based Advocacy?

This is my personal understanding and definition of rights-based advocacy. I would answer that question by saying,

“Rights-based advocacy is when you advocate through the lens of the human rights code, use various legal authorities and policies to support your advocacy, and are communicating to the school your child’s unmet disability-related needs. We then advocate for the school to remove the barriers our child is experiencing so they can access an equitable education.” 

For this blog, I am going to focus on the second part.  

Rights-based advocacy doesn’t just include policy and law, but we need to be able to communicate to the school that our child has disability-related needs, and that they are experiencing barriers.

Now, the bottom line is that this isn’t really our responsibility to figure this stuff out. It’s actually the schools, and this responsibility is connected to multiple human rights decisions.

However, teachers aren’t trained in every disability and every combination of disabilities, and we know our kids. This is the collaboration part of the accommodation part. They have a duty to consult with us. We can contribute and assist them in creating an effective IEP by helping them identify our children’s disability-related needs and help focus their thinking on being able to identify barriers so they can make a plan on how to remove them.  

People don’t naturally think in this way, so this is a skill we need to learn as well and help our kids’ teachers to think this way too.

The system needs a lot of work, but it’s not going to overhaul itself tomorrow. Today we aren’t living in our dream education fantasy land, we are living in a chronically underfunded resource constrained system with high rates of burn out.  So given the cards that we have been delt, what is the best we can do in this situation to support our children in school?

Whatever situation our child is struggling with in school we need to ask ourselves some questions.

  1. Is there an unmet disability-need here? (They could be experiencing all sorts of unmet needs, It may not be necessarily connected to their disability)
  2. If it is connected to their disability, what is the unmet need?
  3. What is the barrier preventing this unmet need being met?

Now let’s apply this to an example.

Ryan has ADHD. Ryan tends to be more distracted, moving around a lot at the end of the day, and is engaging in social behaviours that other students in the class don’t like. He is taking their pencils and erasers and hiding them, and is saying things (teasing/taunting) that evokes a reaction from them that is negative. This is consistent every day.

When the teacher relays this information to the parent, they think about it and later send an email to the school with their thoughts.

The parent first wonders what the disability-related needs could be related to this situation. People with ADHD need more movement, do better with creative hand on tasks, and struggle sitting. It can be physically painful for them to sit. Their bodies will force them to move. People with ADHD do very well on tasks they are interested in and it is extremely difficult to focus on tasks you have no interest in. They also can require more mental stimulation. Kids with ADHD also have higher relationship needs and connecting with their teacher so they can learn will be more important to them.

They think about these disability related needs and wonder how much movement Ryan is getting during the day, and why they are struggling more so in the afternoon. Their curiosity is that they are wondering if Ryan has been sitting to much during the day and is getting restless and bored with too much pen to paper work. Ryan is then doing things that they find are more mentally stimulating and creating drama in the class is more interesting than doing schoolwork.

Typical classrooms don’t fit the needs of a lot of kids with ADHD. The barrier could be a personal physical barrier – that he is forced to sit too long. The next barriers could be informational or communication – he may not understand the assignments or it fit how he processes information. Classroom teacher management could be the barrier – he finds the teacher too strict and after listening to this all day his more anxious and so he is distracting himself with other things.  It could be he is not interested in what he is working on, and his education isn’t hands on enough and too much pen to paperwork. It could be a relational barrier – he isn’t connected to his teacher and thinks his teacher doesn’t like him so he disconnects more at the end of the day wanting to leave and wish he wasn’t there. It could be an attitudinal barrier or teacher philosophy barrier – that they value pen to paper work over other ways of learning. It could be many barriers. It’s hard for us to know what the barriers are because we are not in school. So this is where communicating with our child’s teacher is going to be very important and to bring up the idea of barriers and trying to brainstorm together what the possible barriers could be.

Could creating more scheduled movement breaks during the day, replacing some of the written assignments with more hands on creative projects that are led by him decrease some of the behavoiurs we don’t want to see and improve his focus to help him last all day? Could the teacher making an effort to check-in with him more often during the day help with building the relationship?

We won’t really know what will work or what won’t work until we try it. We know our kids, but we don’t know what they are like in an education setting 5-days a week when we aren’t in the room and they are on their own. The environment they navigate in school to survive the day and home is completely different.

Even being aware of all of our child’s potential disability-related needs will most likely require us to do quite a bit of research and really know and understand our child’s disability. And then we need to consider their unique personality traits and who they are as people. Disabilities don’t present themselves exactly the same in every person. Disability is also fluid and what a person has capacity for on one day wont necessarily be consistent for all days. No wonder everyone is confused and accessibility can be a struggle.

The more we are informed, the more we can effectively advocate for our child.

For more information on types of barriers and accessibility law, please read my blog Barriers, Barriers, Barriers.