Special needs child denied access to camp

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Rutledge, Times Staff

Aug 09, 2010 - 4:39 PM

Special needs child denied access to camp

City must pay family $12,000 compensation

The Human Rights Tribunal of Ontario has ordered the City of Cambridge to pay

$12,000 to a Cambridge family for denying their special needs son access to

summer camp.

Tribunal adjudicator Truemner found the city at fault for only permitting

the boy, diagnosed with Asperger's Syndrome, to attend two of nine weeks of a

city-run summer camp at Dolson Centre in 2008. Asperger's is a mild form of

autism that often causes children to act out inappropriately, making

socialization difficult.

Truemner concluded the city infringed upon the boy's rights code by saying it

would only provide one-on-one support from an inclusion worker for two weeks and

that the boy could not attend without one present. That amounted to

discrimination based on the boy's disability, she wrote.

" After hearing the evidence, I have concluded that the respondents breached the

Code, " she stated in her report.

An email from former city chief administration officer Don was included as

evidence in the tribunal's analysis.

" I'm sorry, but we can't accommodate (the applicant) in the regular summer camp

program. Our staff do their best to help children like (the applicant), but we

really feel it would be best for everyone concerned, if he was provided with an

inclusion facilitator. "

Although the boy had attended the camp for several years, staff reported that

behaviour escalated starting in 2007. The boy went from being withdrawn to

acting out and used racial slurs towards other children on two occasions. His

mother was apologetic and assured he didn't know the meanings of his words.

The city was justified in wanting an inclusion worker present, stated Truemner,

however, she maintained that the city was obligated to provide one for all nine

weeks.

She also stated in her decision that the city didn't adequately explore other

alternatives to allow the boy to join the entire camp. She didn't support the

city's position that it didn't have the resources to hire more inclusion

officers, train its staff to work with the child or even take the boy's mother

up on an offer to pay for training or provide training herself, something she'd

done for other groups.

" The respondents have not shown that they would have experienced undue hardship

in providing an inclusion facilitator for the full summer of 2008, or that they

explored alternative ways to provide accommodation, " wrote Truemner.

When the family originally made the human rights complaint, they requested

$25,000 to compensate for loss of dignity, as well as wages lost while the boy

could not attend camp. The adjudicator decided the larger amount was unwarranted

but concluded the boy needed to be compensated for feelings of loneliness and

because he felt to blame for not being allowed to attend the full camp.

Additionally, the city was also ordered to pay a qualified consultant to review

its camp practices and policies concerning the accommodation of children with

disabilities.

The consultant must also recommend changes where programs aren't consistent with

the human rights code, stated Truemner. City officials could not be reached for

comment by press time.