Understanding Systemic Change

I have recently had someone publicly tell me that the information I post “is already out there and readily available, and what is the point of providing information if it won’t help anyways?”

And “Being NICE and COLLABORATIVE so they will like you is the wrong approach”

And “this is exactly the response system is hoping for: having parents spend a multitude of energy and hours on researching and getting information to “help their child” in the classroom, so they can self congratulate themselves in showing how collaborative they have been with parents.

This person feels the human rights system is a waste of time. What needs to occur are legislations changes only and anything less than that is a waste of time. They feel the only response parents should be doing is pulling their kids out of the education system.

Here is my response:

Not to toot my own horn, but for this blog, it’s important I place myself in this topic before I dive in. I don’t want anyone to think I am just making this stuff up. It is an informed blog. One of my degrees is in Human Relations from Concordia University, Montreal, with a certificate in family education. I graduated with honors and an award. This degree is about human systems. How people function in groups of all sizes from families to large organizations and societies, systemic change, and how to intervene when systems become toxic.

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.

One person cannot change a human system. It takes teams. Plural. 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 sustained period of time. A long 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.

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 time for 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 tool 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 parent’s 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.

New Human Rights Tribunal Decision against the Ministry of Education – Funding – Dismissed

We have a new Human Rights Decision issued in October but was just posted on their website on December 12th, 2024.

Ward and others v. Ministry of Education, 2024 BCHRT 306

This is a VERY interesting decision as it is a parent claiming discrimination to not having equal funding and this unequal funding they felt was discriminatory. Funding is a reason many parents would like to file a class action against the Ministry. This decision supports the reality, that we can’t just sue the government over lack of funding. Especially, the Ministry of Education and Child Care.

And the main crux of the argument of why we cannot file a complaint against the Ministry of Education and Child Care in connection to funding is because they are just following the legislation that is voted on and passed in the Legislature. The Legislature creates the School Act. The funding is given to the school districts. The school districts make the decisions on how the funding is allocated. As stated below the Tribunal dismisses complaints against bodies whose only role in funding is oversight.

Every human rights decision that I have ever read that included the Ministry of Education in a complaint, has been dismissed every. single. time. I really encourage everyone to read this case in full. The analysis is very interesting. I thank this parent for filing such a complaint and allowing the tribunal to apply their interpretation and analysis so that we can learn from it and understand how the system works.

I really can’t say it enough, that if you think you have a case, filing complaints is a form of advocacy. Even if you personally “lose” it is not a loss for the community. This is a HUGE form of advocacy. It’s information and knowledge that lets us understand where the lines are. Where the boundaries are. We could end up wasting TONS of time and energy advocating in the wrong direction. These decisions are literally GOLD.

For those of you who have your children in online learning, this may be of particular interest. This parent was filing a complaint and a class action complaint.

Here is the complaint and the Ministry of Education’s main argument:

[2] The Complaints allege that the Ministry of Education [ Ministry ] discriminated against Ms. Ward, Praise, the Parent Class and the Child Class and the Child Class [collectively the Complainants ] in the provision of services contrary to section 8 of the Code by failing to provide equal funding for students, paid to their parents who are the primary service providers of parent-directed educational programs. Parent-directed educational programs, the Complainants say, include homeschooling and a subset of distributed learning programs, now online learning, which require the delivery of the program by a parent.

in the provision of services contrary to section 8 of the Codeby failing to provide equal funding for students, paid to their parents who are the primary service providers of parent-directed educational programs. Parent-directed educational programs, the Complainants say, include homeschooling and a subset of distributed learning programs, now online learning, which require the delivery of the program by a parent.

[3] The gist of the Complaints is that children are statutorily required under the School Act to receive an educational program but if the child receives that program from a parent, the child receives less student funding than if that child attends a Board or Authority run educational program. The Complaints allege that this unequal funding has a discriminatory effect on both parents and children who choose to homeschool based on family status, marital status, gender expression, religion and sex.

[5]….. The Ministry’s main argument is that the Complaints seek a service that the Ministry does not provide to the public: “a direct funding program for parents who opt-out of the public or independent K-12 school system and homeschool their children.”

[25] The Ministry argues that the Complaints are seeking direct payments from the Ministry in order to provide educational programs and this is not a service the Ministry provides. It is not a service customarily available to the public. The Ministry says that while they do provide funding for education, it does not do so to the “public” but via Boards and Authorities in accordance with the relevant legislation. Those Boards and Authorities then provide services to the public as per the School Act and Independent School Act.

Some interesting key points in the analysis related to funding is:

[32] When the Legislature passes legislation, it is not providing a service to the public within the meaning of s. 8 of the Code : Phillips v. BC, 2019 BCHRT 76 at para. 14; Startek v. British Columbia (Ministry of Finance) 2022 BCHRT 117 at paras. 28-29. The issue whether the Complaints engage a service customarily available to the public turns on whether the Ministry is administering a service created by the applicable legislation, the School Act and Independent School Act, to which the Complainants are merely seeking access.

[34] The Complaints are focused on the Ministry’s omission of equal funding to, as Ms. Ward says, “the primary education service providers – parents”. In my view, the Ministry in creating its funding model abides by and is restricted by ss.106.1-106.4 of the School Act[2] There is no provision in the School Act or the Independent School Act for the funding of educational programs provided by parents. The Ministry’s job is simply to apply the legislated criteria. The Complainants are not eligible for the funds that they seek because the Legislature has not included such funding in either the School Act or Independent School Act .

[35] The applicable legislation has not created or extended a service to the Complainants. The Legislature has specifically left out funding of educational programs provided by parents. The Tribunal in this situation cannot review the Ministry’s actions since the Legislature in creating the restrictions on funding, maintaining the limitation to fund only educational programs for Boards and Authorities, was operating in its sui generis law-making capacity. There is no reasonable prospect the Complainants will prove that the funding for parent-directed educational programs is a service provided by the Ministry within the meaning of the Code.

[45] In Moore v. British Columbia (Education), 2012 SCC 61, the Supreme Court of Canada found that the province’s role in funding and overseeing education in the province was not sufficient to establish liability for decisions made by a school district about how to allocate its funding: para. 54. This reasoning is also reflected in Tribunal decisions dismissing complaints against organizations whose only role is funding or oversight: Hoffman and another v. BC Ministry of Social Development) and another , 2012 BCHRT 187 at para. 94; Hunter v. BC (Ministry of Health) and others (No. 2) , 2005 BCHRT 408 at paras. 24-26; Stone v. Coast Mountain Bus Company & others , 2005 BCHRT 50 at paras. 47-48.

[48] The Ministry’s application to dismiss the Complaints is granted.

Families are Advocating – A Year in Review for Human Rights, OIPC Decisions, and the Media!

It’s been quite a year for tribunal decisions. An explosion of decisions that have advanced the human rights code that I haven’t seen occur in a VERY long time. I hope the school districts are paying attention. They need to stop underestimating people. Families are advocating!

Human Rights Decisions

In the last 365 days we have had the following cases.

Student (by Parent) v. School District, 2023 BCHRT 237 – December 19th, 2023
Key Point Summary Link

This case spread across Canada in over 60 different media outlets into large cities and small towns. Even internationally. Media list blog. Who would have ever predicted that would happen!?!

This case was a partial win by a self-represented parent. There are many key highlights of this case that advance the human rights code. It writes that you don’t need an IEP to be protected under the code, self-advocacy expectations are defined, and the most beautiful part is MEANINGFUL INQUIRY. Anxiety gets pushed under the rug as no big deal in schools. This case elevates the attention and seriousness of how anxiety impacts a student. It also brings up the topic of communicating a diagnosis between staff. It also highlights hindsight and how important it is for parents to be communicating to the school what they are seeing at home.

X by Y v. Board of Education of School District No. Z, 2024 BCHRT 72 – March 8, 2024
Key Points – Summary Link

This case was also by a self-represented parent. It wasn’t a personal win for her, but due to her absolute persistence in completing this case AND waiting 15 months for the decision! It did advance the human rights code and the community as a whole has benefited. The jewel out of this case is that education staff are not allowed to give up. They have to continually keep trying by evaluating and adapting their methods. You would think that parents actually don’t need this in writing, but we do.

The Parent v The School District, 2024 BCHRT 113 – April 2024
Key Point Summary Link

This case was again also by a self-represented parent. It confirms that the human rights tribunal will accept family status complaints from parents in connection to the discrimination or harm that their child experiences in an educational setting. This also links to another family status case that occurred at the BC Supreme Court level that confirmed that the tribunal has the authority to accept family status and education as a valid complaint. A public-facing decision, a turning point for parents with disabilities in education.

Child K (by Ehmke) and another v. Queen of All Saints School and another – May 16th, 2024
Key Point Summary Link

This case confirms that the tribunal is willing to name school districts in human rights complaints. FABULOUS. This case also is clear as a bell in saying to education defence lawyers that using TRB complaints will not be accepted for dismissal reasons. So, parents don’t have to fear that filing TRB complaints will compromise their human rights complaint. If anything, I think they help, as a way to gather evidence that the education staff submit. It’s a gold mine of documents that we can access that we would never even know existed.

SUMMARY: Human Rights Cases are very important advocacy tools to use when communicating with your child’s schools. It is very likely that the staff don’t even know what their legal human rights responsibilities are. These cases need to be APPLIED. Then when we all do this, we move the needle.

OIPC Decisions

We also can’t forget the OIPC decisions that occurred in the past year.

Way to go! Two of them were by parent(s)/guardians!

F24-30 April 15th, 2024 – School District Coquitlam
-Section 14 – lawyer-client privilege

F24-09, February 7th 2024 – School District Coquitlam
– Section 13, Section 22

To read the other previous cases in previous years also by parents, here is the list.

Ombudsperson BC

This case came out this year about there not being an appeal avenue for a section 177. That is huge. Parents who receive these can now ask for what the appeal avenue is and if school districts don’t automatically tell them, then they are not following the recommendations and standard from Ombudsperson BC.

https://bcombudsperson.ca/case_summary/schools-out

Media Articles

We also want to look back and appreciate the media articles that were spearheaded by parents. They brought their issues to the attention of the public via the media. That isn’t easy. Way to go! If parent(s)/guardians aren’t brave enough to do this, the public will assume everything is okay-dookie. We thank you!

August 9th, 2024 – The School System has Failed my Kids – Surrey Mom Speaks out

March 30th, 2024 – Vancouver schools lag on playground accessibility, parents say

March 11th, 2024 – Parents demand fix for staffing shortfall at Vancouver school

March 9th, 2024 – Parents voice concerns over ‘crisis-level’ staffing shortages at Vancouver school

March 8th, 2024 – Parent says school district’s decision comes as a huge relief to parents and students 

Social movements are slow.
And this is what advocacy for disability rights is.
A social movement.
It will always be too slow for anyone’s liking.
Really.
While we wait for change, harm is being done.

Some people feel defeated and think what is the point,
the system isn’t changing.

Change very rarely occurs in leaps and bounds.
Certainly not in human systems.
It’s normal for it to be
2 steps forward,
1 step back,
3 steps forward,
1 step back,

It’s always messy.
Never a straight line from A to B.
More like a zig-zag all over the place.
But this is how humans work.
Especially in large groups.
Societies.
No way to get around that.
Just need to muddle through it.

But we are seeing more advocacy tools pop up.
Decisions and accessibility legislation.
Families are advocating.
More external watch bodies are taking notice.
Change is slow.
But it is occurring.
The roots are growing.

What is scary and dangerous is when the system feels no one is watching.
That they are untouchable.
Then the system will change in leaps and bounds.
It can always get worse.

We need to hold the line.
Send the message that we are here.
We are watching.
We are learning.
We will take action.
And clearly, we have.

Let us focus on this:
Many seeds have been planted this year.
May they take root and grow

To my community of families,
Happy Holidays, and I wish you all the best for 2025.



Self-Regulation Activities for Advocates…or for Anyone Actually!

In my years of learning what helps regulate kids and adults who are neurodiverse, here is a collection of things I have learned that helps to regulate the body. These are all things that even people who aren’t neurodiverse benefit from.

As parents who are advocating it’s really important that we regulate ourselves so that we don’t tip over into excess in self-soothing behaviours that are not healthy or helpful. Easier said then done. I know. Nonetheless, here is the list. Having a plan is key so you know what to do when your support needs increase.

Do you have anything to add?

1. Regular exercise. Regular exercise is soooo good for our body. Our muscles literally secrete calming chemicals. Hope chemicals. It’s like chemical therapy when we consistently move our bodies. This one is a MUST for me. I know it keeps me afloat.

Hope Molecules

“When muscles contract, they secrete chemicals into the bloodstream. Among these chemicals are myokines, which have been referred to as “hope molecules”. These small proteins travel to the brain, cross the blood-brain barrier, and act as an antidepressant. They do this by improving our mood, our ability to learn, our capacity for locomotor activity, and protect the brain from the negative effects of ageing.”

2. Water. Having a bath, or a shower can be very calming to the body. Even drinking a glass of water. One tip a counsellor gave me years ago, is that you fill up a zip-lock bag of water and put it on your face, it can calm and help with body regulation. For me, water has been really helpful. In my most stressful times, I have literally stopped what I am doing and hopped into a hot shower.

8 Reasons Why Being In, On or Around Water Makes You Feel So Good

“Water has a powerful physiological effect on your body – so much so that even drinking a glass of water can calm your nerves. This is because water triggers the parasympathetic nervous system, which is responsible for the body’s ‘rest and digest’ response.” 

3. Pressure. Having a weighted blanket or a tight hug can be very grounding. Just helps to pull people back into their bodies. They can prompt feelings of security, safety, calm, and help with sleep. It’s not just kids who can benefit from weighted blankets, adults too. I love pressure. However, I do want to note that when people start to elevate, the desire to not be touched or having anyone enter their space may increase.

Weighted blanket benefits

4. Sex. There are so many good-feeling chemicals that are released in our brains when we have sex. I am not going to comment personally on this part, my mother reads my blogs. This blog isn’t just for the people in relationships. Even if you don’t have a sex partner, and even for those who do have sexual partners, you can still regularly have orgasms on your own and reap the benefits.

9 Surprising Health Benfits of Sex

“During sex, your body releases feel-good hormones such as endorphins, oxytocin, and dopamine. These hormones help reduce stress, boost your mood, and deepen emotional intimacy with your partner — all of which contribute to better mental health. Some studies even suggest that regular sexual activity is linked to lower rates of depression.”

17 Benefits of Masturbation

5. Crying. Crying is actually very healthy and benefits us. So cry cry cry. Let it allll out. We actually shouldn’t be encouraging people to not cry. Supporting people to cry and that it’s okay to cry is actually awesome. Don’t try and hold it in. Let it out!!

14 Benefits Of Crying When You Need To Just Let It All Out, According To Experts

“emotional tears can reduce your stress levels, making you feel good after.”

6. Getting outside. Nature is so good for us. Literally, go hug a tree. Going for walks, gardening, getting our hands in the dirt, so so so good. Just go outside and breathe the fresh air. Feel the rain, feel the cold. Pick up leaves. Look at the stars at night. Nature is a big stabilizer for me.

Nurtured by Nature

7. Journaling. I am sure it’s no surprise to anyone that I love to write. It’s my therapy. I have so much in my head, I need to get it OUT. My head would explode if I couldn’t write. Blogging to all of you, is part of my self-care. I also have so many personal journals at home.

The Neuroscience of Journaling And Its Benefits

8. Pets. We had the most lovely dog in our family who passed away last year. He was so lovely for all of us. Pets heal us, and spending time with them or other people’s animals is absolutely is better for our mental health. Support animals are vital.

The Power of Pets

“Interacting with animals has been shown to decrease levels of cortisol (a stress-related hormone) and lower blood pressure. Other studies have found that animals can reduce loneliness, increase feelings of social support, and boost your mood.”

9. Creating art. It’s not just kids that need to create art. Us too! Many adults enjoy painting, knitting, needlepoint, playdough, lego, poetry, writing, etc. Something. I really highly encourage people to do is to look for ways to be creative in your life. Some people feel that they can express themselves through cooking, or their fashion, or makeup. However you choose to be creative, sky is the limit, and I cheer you on.

What Does Art do for Your Brain?

” one study involving more than 23,000 British participants found that those who either made art at least once a week or attended cultural events at least once or twice a year were happier and had better mental health than those who didn’t.”

10. Breathing. Breathing can be so helpful. In fact, it’s one of the key ways to give our brains oxygen so we can think. Counting to 10 or doing box breathing, can be a very helpful way to cope in the moment.

The Science Behind Counting to 10 When You’re Upset: Why It Works and How to Use It

Relaxation techniques: Breath control helps quell errant stress response

We are all human and we have complex bodies living in a complex world. Embrace your body and give it everything it needs. Self-regulation and self-care when you advocate is key. It is part of the work of advocating that we learn about ourselves and about our own needs. Some days it will be enough to just breathe, and other days having a maintenance of self-care is preventative and keeps us going. This is a marathon, not a sprint.

What works for you?