Municipality discriminated against child with Asperger's by restricting summer camp attendance without exploring full accommodation.
The applicant, a 10-year-old boy with Asperger's Syndrome, alleged discrimination in services on the basis of disability after the respondent municipality refused to allow him to attend a summer day camp unless accompanied by an inclusion facilitator, which they only provided for two weeks of the nine-week program.
The Human Rights Tribunal of Ontario found that the respondents breached the Human Rights Code by failing to accommodate the applicant's disability to the point of undue hardship.
The respondents did not demonstrate that providing a facilitator for the full summer would cause undue hardship, nor did they explore alternative accommodations.
The Tribunal awarded $12,000 for injury to dignity, feelings, and self-respect, $173.35 for out-of-pocket expenses, and ordered the municipality to retain a consultant to review its policies regarding the accommodation of children with disabilities.
B.M. v. Cambridge (City), 2010 HRTO 1104
