This is a decision from the Human Rights Tribunal, posted in the September category for 2023.
The complainant filed the human rights complaint after the one-year deadline. These applications for late filing are very rarely accepted, and this case was accepted. They have dismissed cases that were one day or three days late. Brutal.
It’s also notable because it involves accessibility issues for a disabled student in a post-secondary school. This case was considered novel because the student is autistic. See paragraph 44 for details.
Here is the case and I have selected a few paragraphs from the main case.
Schulz v. Camosun College, 2023 BCHRT 142
[6] Millie Schulz has multiple mental disabilities, including autism spectrum disorder [ASD], attention deficit disorder [ADD], and post-traumatic stress disorder [PTSD].
[16] On January 4, 2021, Millie Schulz sent a letter to the College dropping out the MHA program. After noting their issues and barriers, they said they did not feel supported in their classes with CAL, which was only looking out the College’s interests.
[37] Where the delay is due to a disabling condition, the Tribunal has observed that it may be in the public interest to accept a late-filed complaint: MacAlpine v. Office of the Representative for Children and Youth, 2011 BCHRT 29 at para. 42. Disabling conditions can include physical and mental ailments resulting in great difficulty coping with even the basic daily tasks of life: Naziel-Wilson v. Providence Health Care and another, 2014 BCHRT 170 at para. 21
[42] Millie Schulz argues their case is unique as it involves a complainant with ASD. While the Tribunal has addressed mental health discrimination in the provision of services, it has not addressed many of the issues impacting individuals with ASD, and their need for accommodation, especially in a school or employment setting. They cite one Tribunal case dealing with autism from 2011, which points out that the nature of adult autism and how it manifests itself in the workplace is poorly understood, and individuals with this disability are subject to stigma and stereotyping: Noriega v. B. C. (Min. of Children and Family Development), 2011 BCHRT 199 at para 28.
[44] While appreciating this case is quite common in terms of the Tribunal dealing with the accommodation of a student with mental disabilities in a post-secondary setting, I find that the 12 subject matter of accommodating autism, in particular ASD, is sufficiently unique to attract some public interest in allowing the complaint to proceed late filed.
[45] After weighing all the factors, I have decided it is in the public interest to accept this late-filed complaint. While appreciating a significant delay in filing occurred, this factor is outweighed by the reasons for delay associated with Millie Schulz’s mental disabilities and the novelty of the case. It is now necessary to address the issue of whether any substantial prejudice would result. C. Substantial Prejudice