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Special Education Law in Canada
From: Education Law in Canada
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This chapter describes the framework for the provision of special education in Canada. It argues that the intersection between a school board’s accommodation obligations
under human rights legislation and a school board’s provision of special education programming and services is inevitable and should not be viewed as separate processes.
Contributors
Brenda Bowlby
Brenda Bowlby was a member of Hicks Morley, an employment, labour, and education law firm, until she retired from the partnership in 2015 after thirty-three years. Her practice involved representing school boards, and she built the firm’s special education practice, appearing before the Ontario Special Education Tribunal on numerous occasions and representing school boards in significant court cases and Human Rights Tribunal cases involving special education issues. Among the cases she has argued is Eaton v Brant County Board of Education (starting with the Special Education Tribunal of Ontario and concluding in the Supreme Court of Canada), which remains Canada’s leading case on special education law. She is a co-author of An Educator’s Guide to Special Education and An Educator’s Guide to Human Rights Law, both in their second editions.
Lauri Reesor
Lauri Reesor is a partner at Hicks Morley and chair of the firm’s Human Rights practice group. In her thriving management-side labour and employment practice, Lauri places particular focus on human rights litigation, class action litigation, and labour arbitrations. She has also developed a niche expertise in education law practice, including a concentration in special education law. Lauri is a strong advocate, regularly appearing on behalf of employers, school boards, and other service providers at all levels of court, at the Human Rights Tribunal of Ontario, the Special Education Tribunal, the Child and Family Services Review Board, and the Pay Equity Hearings Tribunal, and before labour arbitrators. Lauri is a frequent speaker at conferences on key labour and employment issues as they relate to human rights accommodation and special education law.
