Janet Pounder

The applicant, a grade four student with learning disabilities, alleged discrimination when he was denied access to the Tutors in the Classroom program.

The Ministry of Education requested to be removed as a respondent, arguing that the delivery of special education services is the responsibility of school boards, not the Ministry.

The Tribunal held a summary hearing and dismissed the application against the Ministry, finding no reasonable prospect of success as the applicant failed to establish a link between the Ministry's actions and the alleged discrimination.

The applicant, a child with Autism Spectrum Disorder, filed a human rights application alleging that the Minister of Education discriminated against him by failing to provide or fund appropriate special education programs, specifically intensive intervention.

The respondent requested early dismissal of the application, arguing it was bound by the Court of Appeal's decision in Wynberg.

The Tribunal agreed, finding the claim indistinguishable from Wynberg, which held that the Ministry's failure to mandate Intensive Behavioural Intervention in school boards did not amount to prima facie discrimination on the basis of disability.

The application was dismissed.