Update: Fighting to Support Children with Autism in Ontario Schools

  • August 21, 2017
  • Kimberly Srivastava

As of August 1, 2022, bakerlaw has joined forces with Ross & McBride LLP.
Our team is excited to become part of the formidable group of human rights, employment, and constitutional lawyers at Ross &smp; McBride. Our current and future clients will continue to receive the personalized, high-quality representation that has become synonymous with bakerlaw, and will benefit from the collaborative, cross-functional approach to complex issues that both we and Ross & McBride value. With the added resources of larger, full-service firm, this collaboration will allow us to take on new clients for the first time since October 2021. If you are seeking legal advice, please contact us at contact@rossmcbride.com.

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Since 2016, Bakerlaw has been fighting to have Applied Behaviour Analysis (ABA) provided in Ontario schools on behalf of our young client, Jack.

Jack is a five year old boy with Autism. Like many other students with Autism, Jack needs ABA teaching methods in order to meaningfully access his education. Jack’s parents have filed a human rights application against Jack’s school board, the Dufferin-Peel Catholic District School Board (DPCDSB), to try and ensure Jack can benefit from Ontario education like any other student by having access to ABA at the level of intensity he requires.

Check out our earlier blog posts about Jack here (link), here (link), and here (link).

On July 26th, 2017, Adjudicator Michael Gottheil released an interim decision concerning disclosure obligations and procedure. Bakerlaw is disappointed by the ruling as it accepted the Respondent’s characterization of Jack’s case and requires Jack to disclose several medical records which do not pertain to the main issues in the case. The decision also requires Jack to incur the costs of securing medical and other records that are not relevant to the issues in the case. The decision allows the Board to continue stalling in meeting its disclosure obligations to Jack. Bakerlaw is doing its best to ensure the case stays on track for the hearing.

The interim decision does require the DPCDSB to provide Bakerlaw with answers to several questions about Jack’s classroom programming. You can read the interim decision here (link).

The hearing is scheduled to begin October 12, 2017.

Jack and his parents are grateful for the support already received. As the family is shouldering the financial burden of bringing forward this complicated issue which could result in the provision of ABA for students in Ontario schools, any donation is much appreciated.

You can donate to Jack’s cause here (link).

Follow on twitter: @ABAinOntSchools (link).

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