NORTH VANCOUVER, BC, April 19 /CNW/ - A class action law suit has been
commenced against the Government of British Columbia claiming that a
consistent failure to test for dyslexia or, when diagnosed, to provide
remedial attention, violates both the province's School Act and the Canadian
Charter of Rights and Freedoms.
The suit was filed March 30, 2004, by the law firm of Poyner Baxter of
North Vancouver, which works predominantly in the field of class action suits,
and it parallels an action in progress in the Province of Quebec. Indications
are that similar litigation may follow soon in Ontario.
While the B.C. action specifies one dyslexic student and his mother, and
details their frustrating and unsuccessful history attempting to get proper
attention in B.C. schools, it has been brought under the "Class Proceedings
Act" on behalf of all members of the class: "all students for whom, while
resident in the Province of British Columbia, the Defendant has failed to
provide proper testing and remedial education for their dyslexic condition."
Research indicates that 5-10% of the entire school population suffers
from dyslexia, despite having an otherwise normal intellect and potential. It
is by far the most common of the so-called "learning disabilities." When
proper testing is not done, these students frequently become branded as slow
learners and discipline problems, subjected to humiliation by both their peers
and the system itself. Often they opt-out and follow a rapidly deteriorating
life path. When a proper diagnosis is made, there are proven remedial
education approaches to reroute these young people into a normal, rewarding
life.
The law suit quotes two excerpts from the preamble to the province's
School Act to demonstrate the absolute obligation to these students:
...it is the goal of a democratic society to ensure that all its
members receive an education that enables them to become personally
fulfilled and publicly useful, thereby increasing the strength and
contributions to the health and stability of that society...
and,
...the purpose of the British Columbia school system is to enable all
learners to develop their individual potential and to acquire the
knowledge, skills and attitudes needed to contribute to a healthy,
democratic and pluralistic society and a prosperous and sustainable
economy.
Of equal importance in this action is the Canadian Charter of Rights and
Freedoms, which guarantees the right to be treated equally with all other
individuals before and under the law and to be afforded equal protection and
equal benefit of the law without discrimination.
"The discrimination against dyslexic students is systemic," said lawyer
Jim Poyner. "Some school districts and schools do better than others, but the
general performance of the education system is appalling, and the human damage
is incalculable. The principle of fair play as guaranteed by the Charter is
demonstrated by the massive investment made to more adequately serve
handicapped persons, retrofitting schools and providing support services, or
for special needs such as ESL (English as a second language) programs. We plan
to ensure that those afflicted with dyslexia are no longer ignored."
The work of recognized authorities such as the Canadian Dyslexia
Association, the International Dyslexia Association and the British Dyslexia
Association was cited in the claim. Tests for the detection of dyslexia which
are effective and feasible are readily available for use and implementation by
all organizations whose responsibility it is to detect and accommodate
dyslexia in young people.
Poyner's partner Ken Baxter expressed gratitude for the help of Dr. Linda
Siegel, a noted expert in the field of childhood learning disabilities and a
Professor in the Department of Educational & Counselling Psychology and
Special Education, Faculty of Education, University of British Columbia. Dr.
Siegel tested the specific student cited in the law suit and proved beyond
doubt dyslexia that could have and should have been diagnosed in Vancouver
schools years earlier.
"From a legal point of view, this action automatically covers every
individual and family that is dealing with dyslexia, past, present and
future," Baxter said. "But we would urge parents who suspect the problem to be
insistent at school, and to seek information from the excellent organizations
that are out there."
The class action suit seeks to direct the government to properly test for
dyslexia and to provide accepted remedial programs, as well as damages to
recover the costs to families for alternate education and treatment, as well
as punitive damages for behaviour which is "callous, arrogant and offends the
ordinary community standards of moral and decent conduct."
The complete text of the Statement of Claim can be found at
www.poynerbaxter.com.
For further information: MEDIA/PROFESSIONAL INQUIRIES, PLEASE CONTACT
Poyner Baxter, Suite 408, 145 Chadwick Court, North Vancouver, B.C., V7M 3K1,
Telephone: (604) 988 6321, Fax: (604) 988 3632, e-mail:
poyner.baxter@telus.net, web site: www.poynerbaxter.com
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