Tribunal Rules That Requests For Guide Dog In Classroom Must Be Assessed Based On Each Student's Educational Needs

On August 30, 2017, the Human Rights Tribunal for Ontario ("HRTO") released its decision in J.F. v Waterloo Catholic District School Board, 2017 HRTO 1121. The HRTO held that the respondent Waterloo Catholic District School Board (the "Board") did not adversely impact the applicant's meaningful access to education by denying a request that his guide dog be permitted to accompany him in class. In making this decision, the HRTO affirmed that disability-related accommodations, such as the use of guide dogs, must be determined based on the particular needs of each student.

Background

The human rights complaint was filed by C.F., on behalf of his son, J.F., an elementary school student diagnosed with Autism Spectrum Disorder ("ASD"). In an effort to control J.F.'s emotional outbursts and tendency to bolt from their home, his parents applied and were accepted into the Autism Assistance Guide Dog Program. During the 2014/2015 school year, C.F. made a request to the