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Shining a legal light on advocacy conversations

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I’ve been reading Kim Block’s excellent summer series:

I’m grateful for the clarity and courage her writing brings to this conversation. Her work reminds me that human rights are not abstract ideals, but living obligations owed to every child.

At the same time, I’ve experienced real blowback when using legal language in meetings. Sometimes the mention of a right is perceived as a threat, and the invocation of a Code is received as conflict. I’ve been meditating on what it means to speak from that legal foundation while still remaining collaborative in tone—especially when what I want is care, understanding, and change.

This document is my attempt to hold both: a values-driven way of speaking that makes room for dignity, while still making clear that the duty to accommodate is neither optional nor cosmetic.

Cultural uses of “light” that obscure severity

I’ve also been thinking about how advocates—especially women and mothers—are often required to soften our tone, temper our truths, and present only the light version of what we know to be urgent. “Light,” in these contexts, becomes a mask we wear to be allowed in the room.

  • Gaslight: a deliberate manipulation that makes someone question their own perception of reality—now a shorthand for coercive control.
  • Sadism light: the version of cruelty that comes with plausible deniability; softer tone, same damage.
  • Trauma-lite: distress sanitised for workplace conversation; tears removed for palatability.
  • Patriarchy light: equal pay slogans on top of structural inequity, often served with pink logos.
  • Compliance light: the illusion of choice offered to students who are already cornered.
  • Exclusion light: you’re not suspended, you’re just invited to leave and come back when you’re “ready.”
  • Oppression light: when policy harms are described as “unfortunate outcomes.”
  • Control light: when institutions coerce without threat, because the structure itself does the disciplining.

And yet, the word light also carries possibility. A light in the dark. A way through. A way to speak that illuminates.

Tips

So here are some legal light responses—firm, grounded, softly spoken, and sharp. I hope they offer a light in the dark for your advocacy efforts.

LEGAL

Accommodation is not a reward

If they say:

We need to see him demonstrating more maturity before we can offer those privileges.

Say: Support is not earned through performance; it’s provided in order to make success possible. Equity means scaffolding—not gatekeeping—a child’s access to meaningful participation.

Legal grounding: Accommodations are proactive rights-based measures, not conditional incentives. Denial based on maturity violates the principles of inclusive education.

LEGAL

Accommodation removes barriers

If they say:

We’ve done what we can.

Say: This ramp can’t stop halfway up the stairs. Accommodations must remove the whole barrier—not just offer a partial fix that leaves kids struggling.

Legal grounding: Accommodations are required to equally level the playing field—not just assist or enhance. If they fail to remove the actual barrier, they don’t meet the legal standard of access.

LEGAL

Assessment delay is harm

If they say:

We’re waiting for the full psychoeducational assessment before we can proceed.

Say: Formal identification is important, but the duty to accommodate begins with observed needs. Waiting too long creates compounding harm, especially when children are already in distress.

Legal grounding: Under the Human Rights Code, accommodation must be timely and based on functional need, not just diagnostic status. Delay constitutes discrimination.

LEGAL

Behaviour is communication

If they say:

He keeps disrupting the class and refusing to follow instructions.

Say: When a child resists adult direction, it’s often a sign that something in the environment feels unsafe or overwhelming. Let’s look beneath the behaviour to understand what he’s trying to tell us.

Legal grounding: Duty to accommodate includes modifying environments and approaches to reduce disability-related barriers before resorting to discipline.

LEGAL

Big reactions, big needs

If they say:

We’re seeing some big reactions that seem out of proportion to the situation.

Say: A child’s big reaction often reflects nervous system overwhelm, not the surface event. Dysregulation signals unmet needs that have built up over time.

Legal grounding: Behaviour linked to disability may indicate a need for accommodation under Section 8 of the Human Rights Code.

LEGAL

Bullying framed as peer issue

If they say:

These are just normal peer challenges.

Say: When a child with a disability is repeatedly harmed or excluded without intervention, it stops being a peer issue and becomes an access issue.

Legal grounding: When disability-related vulnerabilities make a child more likely to be targeted, and the institution fails to act meaningfully, the inaction becomes discriminatory. Harm must be investigated under Section 8 of the Human Rights Code.

LEGAL

Calm is not compliance

If they say:

She doesn’t seem like she’s in distress.

Say: Many girls and gender-diverse students internalise distress in ways that are invisible to adults. Apparent composure often hides pain. It’s still our job to accommodate what the child is carrying.

Legal grounding: Relying solely on external behaviour to assess need undermines substantive equality and can result in discrimination through omission.

LEGAL

Children are not claimants

If they say:

She hasn’t asked for accommodations herself.

Say: Children with invisible disabilities may not know how to ask for support—and they’re not expected to. Once the school is aware of possible disability-related harm, the duty to inquire belongs to the institution.

Legal grounding: Schools must act on observed or reported harm. The Tribunal affirms that children are not required to self-advocate to trigger protection.

LEGAL

Collaboration required

If they say:

You’re being uncooperative by refusing this option.

Say: I’m willing to try what seems reasonable and aligns with our values—but if it fails, we all have a duty to keep adapting. That’s what the law requires.

Legal grounding:
See A and B obo Infant A v. School District C (No. 5), 2018 BCHRT 25 – failure to engage with a reasonable proposal can be fatal to a discrimination complaint.

LEGAL

Consultation must come first

If they say:

We’ve already decided what supports will be in place.

Say: Parents don’t hold veto power, but we must be consulted before decisions are made. My input ensures the plan reflects my child’s actual needs.

Legal grounding: Hewko confirms that consultation must occur before placement or IEP decisions, reinforced by Ministry Orders and the provincial Mandate.

LEGAL

Dignity is part accommodation

If they say:

We’re treating all students equally.

Say: Equity includes dignity. When an accommodation causes shame, separation, or stigma, it fails to ensure meaningful access.

Legal grounding: In Moore v. BC (Education), the court affirmed that access must be “meaningful.” Supports that isolate or stigmatise can constitute discrimination under the Human Rights Code.

LEGAL

Documentation not required

If they say:

We didn’t realise your child needed support.

Say: We’ve disclosed disability-related needs and shared the harm—that’s enough to trigger the duty to inquire. Formal reports help, but schools must act once they’re aware.

Legal grounding: Under Moore and BCHRT 237, suspected or disclosed disability plus harm requires schools to investigate, even without full documentation.

LEGAL

Empathy for others

If they say:

Your child needs to learn to have empathy and be tolerant of others.

Say: My child’s reaction isn’t a lack of empathy—it’s a disability-related response to overwhelm. Sensory and emotional regulation needs are part of their profile, and access means supporting those needs.

Legal grounding: When the environment triggers disability-related harm and support is denied, it becomes a barrier under the Human Rights Code. Students are entitled to learn without being overwhelmed.

LEGAL

Exhaustion isn’t oppositional

If they say:

He just refuses to do the work when asked.

Say: Sometimes what looks like refusal is actually collapse—especially in children who feel unseen or exhausted. Co-regulation, predictability, and a meaningful relationship are better starting points than compliance.

Legal grounding: The Human Rights Code protects students from being disciplined for disability-related behaviours when reasonable accommodation could mitigate them.

LEGAL

Fierce is fair

If they say:

You’re being too intense.

Say: I’m showing up for my child. Human rights law protects my right to advocate fiercely—and it protects my child’s right to be supported.

Legal grounding: See L.B. v. Toronto District School Board, 2015 HRTO 1622 – “fierce advocacy” must not and cannot prevent a board from fulfilling its duty.

LEGAL

Inquiry means doing

If they say:

We’re aware that she’s been having a hard time.

Say: I appreciate your awareness—now let’s move toward meaningful inquiry. The duty includes investigating barriers, not just noticing distress.

Legal grounding: BCHRT 237 confirms that once harm is known, schools must actively investigate. Observation alone does not fulfil legal duty.

LEGAL

Intent is not required

If they say:

But we didn’t mean to cause harm.

Say: I understand there was no intent to harm—but under the Human Rights Code, what matters is impact. Unintentional harm from policies or inaction still counts.

Legal grounding: Section 2 affirms that discrimination is based on impact, not intent. Tribunal decisions focus on effect.

LEGAL

Invisible needs count

If they say:

We just don’t see the need for those supports.

Say: My child’s needs may be internal or masked, but a documented disability still requires support. Visibility doesn’t determine the right to accommodation.

Legal grounding: Diagnosed or perceived disability triggers the duty to accommodate, regardless of how needs present.

LEGAL

Masking is survival, not success

If they say:

We just don’t see your child struggling the way you’re saying at school.

Say: I’m glad they feel safe enough to hold it together here, but masking distress is an exhausting strategy. It’s still our shared responsibility to accommodate their full profile of needs.

Legal grounding: This response affirms the duty to accommodate based on observed or reported need, not only visible behaviour, which aligns with BC Human Rights Tribunal principles.

LEGAL

Parents are partners

If they say:

We’re concerned about the tone of your emails.

Say: My tone reflects urgency because the situation is urgent. I’m naming harm directly so that we can work together to repair it. Collaboration includes truth-telling, especially when it’s difficult.

Legal grounding: Human rights law protects advocates from retaliation or exclusion for asserting their child’s rights; tone policing can become a barrier to advocacy.

LEGAL

Remove wiggle room

If they say:

We need a formal diagnosis before we can move forward.

Say: We’re pursuing diagnosis, but needs are already present—and the school is aware. That’s enough to trigger duty under the Human Rights Code.

Legal grounding: Diagnosed and perceived disabilities are both protected. Schools must respond to need, not just formal labels (Silzer, BCHRT 237).

LEGAL

Schools must act

If they say:

We haven’t received a formal request for accommodation.

Say: Disability-related distress triggers the duty to act. I’ve shared what I know; responsibility now rests with the school.

Legal grounding: Schools must respond to known or suspected harm. No specific wording is required to activate the duty to accommodate.

LEGAL

Subtle grinding harm

If they say:

We’re not sure the situation is serious enough to call harm.

Say: Distress counts. Shutdowns, school refusal, or anxiety show unequal access. These signs justify action.

Legal grounding: Emotional harm meets the adverse impact test under human rights law.

LEGAL

The discrimination test is your sword

If they say:

“Our policy says…”
“We’ll have to ask the district…”
“We’re working within resource constraints…”
“This is what we usually offer…”

Say: My child doesn’t need a label to be protected. If their disability caused them harm, that’s discrimination—and the Code says so.

Legal grounding: The test is simple: disability + harm + connection = discrimination. No need for intent. Even perceived disability qualifies. The Human Rights Code applies whether or not the school meant harm.

LEGAL

The three-part test

If they say:

We don’t think this qualifies as discrimination.

Say: I’m applying the Moore test: protected characteristic, harm, and a link between them. That establishes discrimination unless the school can justify it.

Legal grounding: Moore v. BC (Education) defines the 3-part test; once met, the school must prove its actions were legally justified.

LEGAL

Vague refusal is refusal

If they say:

“We’re not sure it’s appropriate,” “This isn’t our usual process,” or “Let’s give it some time”

Say: If support is declined, I need that decision clearly documented—along with any planned alternatives. Vague responses don’t pause legal duties.

Legal grounding: The duty to accommodate requires clear, timely action. Avoidance or delay without justification may constitute discrimination (Moore, BCHRT 237).

LEGAL

We can meet again

If they say:

Everyone gets a 30-minute IEP meeting—those are the rules.

Say: Consultation must match the child’s needs. A fixed 30-minute block doesn’t meet the legal standard when deeper discussion is required.

Legal grounding: Hewko affirms that consultation must allow time for real input, timely info-sharing, and serious consideration of family concerns (2006 BCSC 1638, para. 361).

LEGAL

Withdrawn support is denial

If they say:

He had EA support last year, but this year the teacher feels he’s doing fine without it.

Say: Removing accommodations because a child is succeeding under them undermines the entire purpose of support. The duty to accommodate includes maintaining what works.

Legal grounding: The law protects accommodations already in place; removing them without process violates established human rights case law (e.g. Moore v. British Columbia).

A note on legal context: This document is grounded in lived experience, public decisions, and the shared language of school-based advocacy in British Columbia. It is not legal advice. We are parents, not lawyers. Nothing in this resource should be taken as a substitute for formal legal consultation. If you believe your child’s human rights may have been violated, we strongly encourage you to connect with the BC Human Rights Clinic or a qualified legal advocate.

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