No Discrimination

Every child has the right to learn and belong at school without being treated unfairly because of who they are. In British Columbia (B.C.), this Right to No Discrimination means public schools must welcome all students on equal terms, regardless of their race, Indigeneity, colour, ancestry, place of birth, religion, family background, sex, sexual orientation, gender identity, disability, or agespeakingupbc.com. Education is considered a public service, so denying or limiting a student’s access to schooling based on these personal characteristics is against the lawbchumanrights.ca. In simple terms, this right promises that every kid deserves an equal chance – the same respect, the same support, and the same opportunities to learn – no matter what their background or identity.

How the right works (and where it breaks down)

In principle, the right to no discrimination in education is enshrined in our laws and values. B.C.’s Human Rights Code explicitly forbids schools (and anyone providing a public service) from denying access or treating students differently due to protected personal characteristics. speakingupbc.com, speakingupbc.com.

Schools also have a “duty to accommodate” students’ needs arising from disabilities, religion, and other grounds – meaning they must adjust rules or provide supports so that all children can participate fully, unless doing so would cause undue hardshipbcedaccess.combcedaccess.com. In theory, no school rule or policy can override these human rights protections: the Human Rights Code actually prevails over any conflicting school board policies or even the provincial School Actbcedaccess.com.

In practice, however, this right often falls short of its promise. Children and families still encounter systemic barriers and biases that undermine equal access. For example, racism remains a persistent problem: provincial leaders acknowledge that Indigenous, Black, and other racialized students face inequities in our school systemnews.gov.bc.ca. All B.C. districts are required to have anti-discrimination codes of conduct, yet many students still experience or witness racist treatment. (A recent B.C. survey found 58% of students had seen peers bullied or excluded because of race or ethnicitynews.gov.bc.ca.) Indigenous education advocates note that racism “continues to be the most significant barrier impacting the educational experiences and outcomes of First Nations learners in British Columbia”news.gov.bc.ca. Likewise, students with disabilities often struggle to get the accommodations they need; some are even excluded from school entirely for periods of time under the label of “behaviour issues” or “lack of resources.” An investigation by B.C.’s Ombudsperson was launched in 2025 after complaints from families across the province about children – including those with disabilities – being sent home or informally removed from class with little or no educational support providedthetyee.ca. Grassroots data show this is not a rare occurrence: in the 2022–23 school year alone, 70 B.C. students with special needs were excluded from school for a combined 5,973 days (the equivalent of over 30 school years lost)thetyee.ca.

In practice, students from marginalized groups still face barriers. Some are even excluded from classrooms due to unmet needs or biases, despite the legal right to equal accessthetyee.cathetyee.ca.

Other times, discrimination shows up in more subtle ways. A child might not be overtly barred from school, but they could be segregated within the school (placed in a separate program or alternate setting without a genuine need), or held to lower expectations because of prejudiced attitudes. Some students endure harassment or bullying based on their identity – for instance, homophobic or transphobic slurs, or racist insults – which makes the school environment feel unsafe and unequal. Importantly, the right to no discrimination includes protection from this kind of hostile environment. Schools are obligated to ensure a climate free from harassment, not just by staff but by other students as well. Canadian case law has affirmed that if a school fails to protect a student from persistent identity-based bullying, it can be held liable for discrimination, even if the bullying is student-to-student. In one landmark B.C. case, a boy was subjected to homophobic harassment throughout high school. He wasn’t even gay – the insults were based on perception – but the court ruled that the effect of the harassment was to discriminate on the basis of sexual orientation, and the school board was responsible for not stopping itharrisco.comharrisco.com. This shows that it’s the impact on the student that matters, not whether anyone intended to discriminate.

Why do these breakdowns happen if the right is so clearly written in law? Often, it’s due to a gap between policy and practice. The law sets a high standard, but the people and systems carrying it out may lack awareness, resources, or the will to fully live up to it. There may be implicit biases affecting how teachers and administrators treat students – for example, unequal discipline (statistics across North America consistently show Black and Indigenous learners are disciplined more harshly on average, reflecting systemic bias)fipa.bc.cafipa.bc.ca. There may also be institutional inertia or budget priorities that sideline equity. For instance, a school district might cut programs that mainly benefited students with disabilities or marginalized groups, in the name of cost savings. But human rights principles say equality must be prioritized. In fact, the Supreme Court of Canada ruled that a B.C. school district discriminated against a dyslexic student, Jeffrey Moore, when it closed the specialized program he relied on to learn. The district argued it had financial troubles, but the Court found that balancing the budget on the backs of students with disabilities was unacceptable – the cut “was discriminatory” and not justified, because the district hadn’t seriously considered less harmful alternativeswestcoastleaf.org. The message from that case is that governments and schools must put human rights first, even when money is tight.

In summary, the Right to No Discrimination in education is a powerful principle that has led to many positive policies – but the everyday reality in schools doesn’t always match the ideal. Laws on paper can declare rights, yet families often have to fight to see those rights realized. It can feel discouraging when a right so fundamental as equal treatment is still contested. As one advocate observed, “Accommodations are not extras. They aren’t optional. They aren’t earned with good behaviour. [Every] teacher has the legal responsibility to provide [each] child with an equitable education. Period.”speakingupbc.com. When that doesn’t happen, it means the system is failing to uphold its promise. Understanding how and why these failures occur is the first step toward fixing them.

What you can do

Faced with these challenges, families and educators are not powerless. Here are some concrete counter-practices and advocacy strategies to uphold the right to no discrimination in education:

• Know your rights and point to the law. Become familiar with the protections in the B.C. Human Rights Code and relevant policies. Remind school staff that it’s not just “policy” – it’s the law that students must be treated equitably. For example, if a rule or decision seems to unfairly target your child (or a group of students), cite the Human Rights Code which overrides conflicting school rulesbcedaccess.com. Sometimes just mentioning that you’re aware of these rights prompts officials to take the issue more seriously.
• Document everything and communicate concerns clearly. If you suspect discrimination – say your child with a disability is frequently sent home, or your teen reports racial bullying – start a paper trail. Keep emails, incident reports, meeting notes, report cards – any records that show what has been happening. Write to the teacher/principal outlining your concerns and connect the dots to your child’s rights (e.g. “My child is struggling to access the classroom because of her disability, and this needs to be addressed without discrimination.”). Documentation not only strengthens your case; it also forces the school to acknowledge issues in writing. As parent advocates note, “keep communicating… outline how your kid is struggling… and ensure the school knows it has a responsibility to adapt. They aren’t allowed to give up on our kids… Documented paper trails of communication are key.”bcedaccess.com Keeping things in writing and involving multiple levels (teacher, principal, district) can push the system to respond instead of brushing it aside.
• Insist on inclusive solutions (and reasonable accommodations). If your child has a learning need, health issue, religious practice, or any protected characteristic requiring accommodation, expect the school to work with you on a solution. This could mean developing an Individual Education Plan (IEP) with proper supports, allowing schedule or curriculum adjustments, providing assistive technology, or respecting dress codes and holidays related to culture/religion. Be proactive and collaborative: request meetings to discuss accommodations, bring medical notes or cultural information as needed, and make sure the plan is put in writing. Remember, accommodations are a right, not a favour – the school’s obligation is to remove barriers so your child can learn on an equal footingspeakingupbc.com. If a proposed solution isn’t working, call another meeting and push for a revised approach. Persistence can yield results, especially when the school sees that you won’t accept an inadequate “separate but not equal” arrangement.
• Use the school and district complaint process – and know you can escalate. Every district in B.C. has a formal process for parents to raise concerns. This often means talking to the teacher or principal first, then writing to the school board if needed. Don’t hesitate to file a complaint in writing to the district outlining the discrimination and what outcome you seek. Be factual and refer to the rights involved. If the issue still isn’t resolved, you have options beyond the school system: you can file a Human Rights Tribunal complaint, contact the BC Ombudsperson (for issues like improper exclusion or lack of due process), or even involve media or advocacy organizations in serious casesbcedaccess.com. The key is: you do not have to quietly accept discriminatory treatment. There are formal avenues to challenge it. In many cases, once a human rights complaint is filed or impending, schools will move quickly to fix the problembcedaccess.com – a testament to the power of asserting rights.
• Build alliances and support networks. Connect with other families and groups who are working for inclusion and equity. There is strength in numbers and shared knowledge. For example, if your child with a disability is facing barriers, local advocacy groups like BCEdAccess or Inclusion BC can offer guidance and help you navigate the system. If racial or cultural discrimination is an issue, reach out to community organizations or advisory councils (many districts have Indigenous Education councils or multicultural advisory committees). Joining your school’s Parent Advisory Council (PAC) can also amplify your voice; PACs can advocate for school-wide changes such as anti-racism training or accessible facilities. Teachers and allies within the school can be important partners too – approach staff who have shown understanding of equity issues and enlist their help. You are not alone, and often a collective approach gets more attention. Remember the proverb, “If you think you are too small to make a difference, you haven’t spent the night with a mosquito.” Even small advocacy actions, together, can drive change.
• Educators: champion inclusion in your practice. Teachers and school staff have a critical role in upholding the right to no discrimination. This means reflecting on your own biases, seeking training in equity and trauma-informed practice, and standing up for students who are vulnerable. Use inclusive teaching strategies (for instance, represent diverse cultures in your curriculum, adapt materials for different learning needs, and avoid stereotyping students’ abilities). Intervene when you witness bullying or biased behaviour – don’t be a bystander. Advocate within your school for things like anti-discrimination policies to be not just paper promises but lived reality (e.g. consistent enforcement of anti-bullying rules, and fair discipline that doesn’t disproportionately impact certain groups). Ensure that all students feel seen and valued: sometimes small gestures (correctly pronouncing a student’s name, respecting preferred pronouns, celebrating cultural holidays in class) set the tone that discrimination will not be tolerated here. When educators lead with inclusion, it creates a ripple effect protecting students’ rights daily.

Learn more

• B.C. Human Rights Code, Section 8 (Services). The provincial law that prohibits discrimination in schools and other public servicesspeakingupbc.com. It lists protected grounds (race, disability, sex, etc.) and makes it illegal to deny a student access to education or treat them adversely on those grounds. This Code has primacy – “If there is a conflict between this Code and any other enactment, this Code prevails.” In short, human rights trump school rulesbcedaccess.com.
• Canadian Charter of Rights and Freedoms, Section 15 (Equality Rights). Part of Canada’s Constitution, it guarantees that “Every individual is equal before and under the law” with equal protection and benefit of the law without discriminationlaws-lois.justice.gc.ca. The Charter applies to government actions (including public schools). While most day-to-day school issues are addressed under the Human Rights Code, the Charter enshrines a broad principle of equality that underpins students’ rights across Canada.
• Moore v. British Columbia (Education), 2012 SCC 61. A landmark Supreme Court of Canada case where a North Vancouver student with dyslexia won his claim that the school district discriminated by shutting down his special education program. The Court ruled that students with disabilities must be given “meaningful access” to education, and cutting essential supports amounts to discrimination if other options to save money were not fairly consideredwestcoastleaf.org. This case set an important precedent that education is not a dispensable luxury, but a “service customarily available to the public” – and everyone must have equal access to that servicewestcoastleaf.orgwestcoastleaf.org.
• Jubran v. Board of Trustees, School District No. 44 (North Vancouver), 2005 BCCA 201. A B.C. Court of Appeal decision confirming that schools have a duty to maintain an environment free from discriminatory harassment. A student endured years of homophobic bullying; even though he did not identify as gay, the Court held that the school board was liable for discrimination on the basis of sexual orientation because it failed to stop the harassment in timeharrisco.comharrisco.com. This case makes clear that it’s the effect of the hostile environment, not the intent or the victim’s identity, that matters. Schools must take proactive steps to protect students from identity-based bullying.
• United Nations Convention on the Rights of the Child (Article 2 & 28). An international human rights treaty that Canada has ratified, which affirms children’s right to education without discrimination. Article 2 requires governments to ensure all rights (including education) “to each child within their jurisdiction without discrimination of any kind”archive.crin.org. Article 28 recognizes “the right of the child to education” on the basis of equal opportunity. In essence, the CRC says every child, in Canada and worldwide, is entitled to learn and develop without prejudice or exclusion. This global framework supports and inspires our local laws.
• UNESCO Convention against Discrimination in Education, 1960. One of the first international agreements devoted entirely to education rights. It defines “discrimination” in education as any distinction or exclusion that has the effect of depriving someone of access to education, of limiting them to inferior education, or of treating them unfairly in terms of qualityunesco.org. While Canada is not formally party to this convention, we uphold its principles through our commitment to equality in schooling. It reinforces that segregating or denying education to any group (whether by race, gender, language, etc.) is a violation of fundamental rightsunesco.org.
• Office of the BC Human Rights Commissioner – “Human rights in B.C.” (Service rights). (Resource) Explains how B.C.’s Human Rights Code protects people in areas like services. Notably, it confirms schools are protected spaces under the Code, meaning students and families can file human rights complaints if they face discrimination in educationbchumanrights.ca. The Commissioner’s site offers plain-language guidance on recognizing discrimination and steps to take if your rights are breached.
• BC Ombudsperson Investigation into School Exclusions, 2025. (Ongoing) A systemic investigation was launched in response to reports of students (particularly those with special needs) being excluded from public schools for “disruptive behaviour” or due to lack of supports. The Ombudsperson is examining whether schools and the Ministry of Education have been following fair practices or whether these exclusions constitute discrimination by effectively denying certain students their right to educationthetyee.ca. Keep an eye out for the findings – this reflects growing public scrutiny on how well schools uphold inclusive education in practice.
• “Understanding the Duty to Accommodate in Education” – BCEdAccess (2024). (Article/Guide) A resource by a B.C. parent advocacy network that breaks down the legal obligations of schools to accommodate students with disabilities. It outlines the steps schools must take – like meaningful inquiry into a student’s needs, consultation with families, and continual adjustment of supports – and emphasizes that parents and guardians have a right to be included and heard in this processbcedaccess.combcedaccess.com. The guide also reminds families that if the process fails, they can seek recourse through human rights complaints. This can be a practical roadmap for asserting your child’s rights day-to-day.

By understanding these laws, cases, and frameworks – and by organizing with others – we can hold the education system accountable to its promise: an equal chance for every child, free from discrimination. It’s a right worth fighting for, and together, families and educators can make that right a reality in every classroom.