Tribunal ruling for local family fighting for son’s service dog expected by end of 2017

A lengthy Ontario Human Rights Tribunal is coming to an end, as a local family continues their fight to get their son’s service dog allowed in the classroom.

8-year-old Kenner Fee has autism and his parents say he needs his service dog Ivy to be able to successfully attend, and stay calm in school.

It’s been a long haul for the family at the Tribunal, as they continue to take of the Waterloo Catholic District School Board — who have denied the family’s request for Kenner’s service dog for the past three years.

The Fee’s lawyer Laura McKeen says there was a bit of a break for the family this week, as a member of Kenner’s school presented evidence which was contrary to what the School Board had been allegedly saying up to this point.

McKeen says the staff member gave testimony on Tuesday, which highlighted how the 8-year-old’s behaviour has escalated at school.

“Mike Jacob is the only person who works in the school directly who gave evidence [for our side] during the Tribunal. His evidence was essentially illustrating how Kenner’s day appears to him, as he said his office is down the hall, and he can hear Kenner’s meltdown from his office. It’s clearly increasing in disruptions for the rest of the class, and also shows an increased impact on Kenner. This is a kid that is really struggling, especially with his mental health and anxiety.”

The WCDSB presented evidence showing they were monitoring and documenting Kenner’s behaviour, but stood by that they did not believe his service dog needed to be at school.

Meantime, Director of Education Loretta Notten reiterated that she believes they have done everything they can to make sure they are meeting the needs of all of their students.

“I’m not at liberty to speak about the particulars of the case, but it’s well understood that we are engaged in a Human Rights Tribunal. There has now been the opportunity for both sides to have witnesses come forward and giving testimony, which will ultimately affect the ruling on this matter.”

Lawyers from both sides presented closing submissions on Wednesday, and a final ruling is expected to come down sometime before the end of the year.


You can read a full statement from the WCDSB below.

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