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7 Hum. Rts. Dig. 1 (2006)

handle is hein.journals/hurtsdg7 and id is 1 raw text is: VOLUME 7 NUMBER 1 Human Rights Digest January 2006 Decisions Noted B.C. Discriminates Against Children With Learning Disabilities..... 1 Rape Relief Can Refuse Post- Operative Transsexual W om an ................. Crown Immunity Argument Rejected Again ............ Tribunal Orders Backdating of Seniority ................. .5 .6 .7 Vancouver Police Board Responsible for Compensation .......... 8 Knights of Columbus Can Refuse Hall to Same-Sex Couple ..... 9 $25,000 General Damages for Sexual Harassment...... . .9 Trances Were Accommodated . . 10 School District Can Discipline Teacher for Homophobic Comments ............. .10 Inside Page ...................2 Briefly Noted ...............11 Legislative Notes.............12 Ordering.....................12 DISABILITY -discriminatory provision of services and services denied on the basis of a learning disability - EDUCATION - discriminatory treatment of disabled stu- dent - school board discriminates on the basis of disability - school board lacks amenities for disabled students - funding of public education - education defined as a public service or facility - legislative changes affecting special education pro- grams PUBLIC SERVICES AND FACILITIES - definition of public services and facilities and services - discriminatory treatment in education and public school - REASON- ABLE ACCOMMODATION - duty to accommodate short of undue hardship - definition of undue hardship - special education program DISCRIMINATION - definition of dis- crimination - Law test (definition of hu- man dignity) - Meiorin/Grismer test - comparator group - bona fide justifica- tion and cost to education system as rea- sonable cause for discrimination - BUR- DEN OF PROOF - onus on complainant - SYSTEMIC DISCRIMINATION - defi- nition of systemic discrimination - pat- tern of conduct discriminatory on the basis of disability CANADIAN CHARTER OF RIGHTS AND FREEDOMS -s. 15 (equality) - HUMAN RIGHTS - definition of human dignity - nature and purpose of human rights legis- lation - principles used to interpret the Charter applied to human rights legislation JURISDICTION - court of competent jurisdiction to order damages - BOARDS OF INQUIRY / TRIBUNALS - authority of tribunal to award damages against government ministry and against school board - DAMAGES - compensation for expenses caused by contravention of hu- man rights legislation - school fees - tu- tor's fees - injury to dignity and self- respect - REMEDIES - order for special education program - systemic remedy - LIABILITY - discriminatory provision of services - liability of government ministry The B.C. Human Rights Tribunal ruled that the B.C. Ministry of Education and North Vancouver School District No. 44 discrimi- nated against Jeffrey Patrick Moore and other students with Severe Learning Disa- bilities (SLD) by failing to accommodate their needs in the public school system. Jeffrey Moore was born in December 1986 and enrolled in kindergarten in Sep- tember 1991 at Braemar Elementary School in North Vancouver. While at Braemar he was diagnosed as having a severe learning disability, in the form of dyslexia, which in- terfered with his ability to learn to read and to comprehend words. Dyslexia is a lan- guage-based disorder, perhaps neurologi- cal in origin. Children with dyslexia usually exhibit an inability to break words into component sounds. Experts agree that dyslexia cannot be cured, but can be reme- diated. Early intensive intervention is es- sential to ensuring that children with severe forms of dyslexia have the best opportunity to learn. Jeffrey Moore was in school at Braemar from kindergarten through Grade 3. At the end of Grade 3, because Jeffrey was not re- ceiving the assistance he needed, and on the advice of District officials, Jeffrey's par- ents removed him from the public school system and sent him to private schools which provide special assistance to stu- dents with severe learning disabilities. The Moores alleged that the Ministry and District discriminated against Jeffrey Moore individually and that they also continued on page 3