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.