The respondents' child, who has cerebral palsy, was placed in a special education class by a Tribunal contrary to the parents' wishes.
The Court of Appeal held this violated section 15 of the Charter and read in a presumption of integration into the Education Act.
The Supreme Court of Canada allowed the appeal, holding that the Court of Appeal erred in deciding the constitutional validity of the Act without the required statutory notice.
Furthermore, the Tribunal's decision did not violate section 15 of the Charter, as it was based on the child's best interests and actual needs, and did not impose a burden or disadvantage.
