SCC Finds Adequate Special Education Is Not a Dispensable Luxury

Moore v. British Columbia (Education) (2012), CHRR Doc. 12-3089, 2012 SCC 61

APPEALS AND JUDICIAL REVIEW — EDUCATION — DISABILITY — PUBLIC SERVICES AND FACILITIES — REASONABLE ACCOMMODATION — SYSTEMIC DISCRIMINATION / Appeal of 71 C.H.R.R. D/238, 2010 BCCA 478; aff'g (2009), 62 C.H.R.R. D/289, 2009 BCSC 264; rev'g (2008), 54 C.H.R.R. D/245, 2008 BCHRT 580. The Tribunal had ruled that Jeffrey Moore was discriminated against by the Province of British Columbia and School District No. 44 because of a severe learning disability. On appeal, the B.C.S.C. found that there was no discrimination, ruling that Jeffrey was not denied "a service", within the meaning of s. 8 of the B.C. Human Rights Code, and was not treated differently than other students with learning disabilities. The majority at the Court of Appeal dismissed the appeal. In a unanimous decision, the S.C.C. found that the service Jeffery was entitled to is an education and that comparing him only to other special needs students would mean that the School District could cut all special needs programs and yet be immune from a claim of discrimination. Substantially Allowed: Nov. 9, 2012.

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