A. Who is your ‘client’?
In this area of practice, it is always important to ensure, as an advocate, that one
clearly understands her/his role, and from whom they receive instructions when
carrying out that role. Essentially, the question to ask oneself is – “who is your
client”. As a starting point, ARCH Disability Law Centre underscores that the
person with a disability should instruct advocacy directly, as it relates to their
interests. If due to disability and/or age, it is deemed that direct instruction is not
possible notwithstanding all appropriate accommodations provided, then the
student’s involvement in decision-making must be maximized as much as
possible as appropriate in those circumstances.^10
Whether minors can act on their own behalf will be dependant on the context
they are in. In formal litigation, litigation guardians may be required pursuant to
the specific rules guiding those processes.^11 Within the framework of the
Education Act, there are specific considerations given to when students can
initiate processes on their own behalf; thus it is important to understand the rights
afforded within the specific legislative context applicable to the student’s
situation. For example, a student may appeal, on their own behalf, a suspension
or expulsion decision if they are aged 18 years or older, or if they are 16 or 17
years of age and have withdrawn from parental control.^12 A student does not
have the right to request Identification, Placement and Review Committee
meeting; however some participatory rights are afforded to students aged 16 or
older.^13
(^10) See Chapter 2 on “Providing Legal Services to Persons with Disabilities”, and Chapter 4 on
“Capacity to Instruct Counsel” in this 11 Disability Law Primer.
See e.g. Rules of Civil Procedure, RRO 1990, Reg 194, r 7; See also Children’s Law Reform
Act, RSO 1990 c C-12; See Ontario, Human Rights Tribunal of Ontario, Practice Direction on
Applications on Behalf of Another Person, (July 2008, last amended March 2010) online: HRTO <
http://www.hrto.ca/hrto/index.php?q=en/node/62 12 >.
13 Education Act, supra note 3, ss 309(1), 311.7(2).
IPRC Reg., supra note 9, ss 5, 6, 7, 15, 16, 18, 19, 23, 24, 28, 29.