Canadian teen with disability awarded $20,000 due to denial of services

From The Vancouver Sun in Canada:

The B.C. Human Rights Tribunal has awarded $20,000 in compensation for a mentally disabled teenager who was denied the services of a youth worker.

The youth, identified only by the initial R, was given the substantial award after a tribunal member found the denial of service by Community Living B.C., which is overseen by the Ministry of Children and Family Development, was discriminatory.

"Taking into account R's age, the nature of his disabilities and his resulting profound vulnerability, and the probably irreparable impact on R of not receiving the services of a youth worker at the time they were applied for, I consider an award of $20,000 in compensation for injury to dignity, feelings and self-respect appropriate," tribunal member Lindsay Lyster concluded in a decision released Feb. 16.

R's mother, identified only as J, filed the complaint, alleging that her son was discriminated against when he was denied a youth worker in 2005 when entering junior high school.

The tribunal heard evidence of R having a chronic neuro-development disability known as Noonan syndrome, which involves a small stature for his age and being particularly vulnerable in social situations: his demeanour at 15 was more that of a child of eight or nine.

The parent had hoped the youth worker would help her son learn age-appropriate social skills. But R was denied the services of a youth worker because he had an IQ of 85. The mother was told by ministry staff that her son was "way too smart" to qualify for community-living support services.

The criteria set by the ministry for a youth worker is that a mentally disabled person must have an IQ of 70 or less, which is deemed mental retardation -- an official medical diagnosis often referred to as a "developmental disability."

As a result of not having a youth worker to teach the boy age-appropriate social skills, the boy was taunted and bullied by his peers at school, the tribunal was told.

The mother wrote a letter of complaint in 2005, questioning why the IQ eligibility criteria were not being evenly applied to all children.

She pointed out in the letter that her nephew has Asperger syndrome (high-functioning autism) who made the honour roll in his Grade 12 year on the regular B.C. curriculum, but qualified for community-living supports because of his autism.

She pointed out that because of her son's size and maturity level, R does not fit in with kids his age. "... We're supposed to be trying to give all challenged kids an equal playing field and that can't happen if one syndrome is considered more challenging than another."

The tribunal member found the mother's complaint of discrimination against the ministry justified.