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Request to add Ministry of Education and teachers' union as respondents to discrimination application denied.
The applicant, a parent with a communication disability, filed a human rights application against the school board alleging discrimination for refusing to allow email as a regular means of communication with teachers.
The applicant brought a request to add the Ministry of Education and the Elementary Teachers' Federation of Ontario (ETFO) as respondents, arguing they were necessary to achieve a public interest remedy regarding a formal email policy.
The Tribunal denied the request, finding no allegations of Code violations against the proposed respondents and concluding their addition would unfairly complicate the proceeding.
ETFO was granted affected person status.
Tribunal requested further submissions on whether the Special Education Tribunal has exclusive jurisdiction over special needs accommodations.
In an interim decision regarding a human rights complaint against a school board, the Tribunal requested further submissions from the parties on the issue of whether the Special Education Tribunal (SET) has exclusive jurisdiction over matters relating to the identification, placement, and accommodation of students with special needs.
The adjudicator noted a recent SET decision suggesting it lacks jurisdiction over programming details when the placement itself is not in dispute, and directed the parties to provide written submissions on the implications of this decision before ruling on the preliminary jurisdictional issue.
