decision of Moore v British Columbia (Ministry of Education)^127 was released on
November 9, 2012. This case originated from the British Columbia Human Rights
Tribunal and centered on a student diagnosed with a severe learning disability.
The allegations of discrimination were based on the alleged failure to be
appropriately accommodated in the receipt of education services, by both the
school board and Ministry of Education. The Respondent school board had
recommended that the student, Jeffrey, attend an intensive program for students
with severe learning disabilities for remediation. However, the year that Jeffrey
became eligible, the program in question was cut due to financial cost saving
measures. Following the closure of the intensive remediation program, Jeffrey
alleged that the services offered were not beneficial to him. He subsequently
attended private school to receive the necessary remediation services.
The British Columbia Human Rights Tribunal found that the school board and
Ministry failed to provide Jeffrey with appropriate accommodations because he
was not provided the effective remediation required, and because services were
cut to students with severe learning disabilities without sufficient alternate
services in place. The matter was judicially reviewed by the British Columbia
Supreme Court^128 and the Tribunal’s decision was overturned. An appeal to the
Court of Appeal for British Columbia was dismissed.^129
On appeal to the Supreme Court, the Honourable Justice Abella for a unanimous
Court, found that Jeffrey was discriminated by the Respondent school board and
stated:
Comparing Jeffrey only with other special needs students would
mean that the District could cut all special needs programs and yet
be immune from a claim of discrimination. It is not a question of
who else is or is not experiencing similar barriers.^130(^127) Moore, supra note 69.
(^128) British Columbia (Ministry of Education) v Moore, 2008 BCSC 264.
(^129) British Columbia (Ministry of Education) v Moore, 2010 BCCA 478 [Moore BCCA].
(^130) Moore, supra note 69 at para 20.