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The Learning Disabilities Association of Canada Shocked by B.C. Supreme Court Ruling on Learning Disabilities

Ottawa, Ontario, March 4, 2008 - The Learning Disabilities Association of Canada (LDAC) is shocked and disappointed in the appeal decision of the B.C. Supreme Court in the Jeffery Moore case. In the courts since 2001, the case concerns Jeffrey Moore, who was identified in the mid-1990's as having severe Learning Disabilities (LD), and did not receive the support he required in the public school system. Once in private school, he received support for dyslexia and thrived; however, this was at a staggering cost to his parents of $100,000 over 9 years. LDAC, an intervenor in the case, hailed it as a landmark case that would have signalled a major victory for people with Learning Disabilities across Canada. However, on February 29, the B.C. Supreme Court overturned the 2005 Human Rights Tribunal Ruling that B.C.'s Education Ministry and the North Vancouver school board discriminated against students with LD when it failed to give Jeffrey proper support.

"The systemic issues in this case are important to children with LD across Canada, particularly their right to meaningful access to resources and trained professionals within the school system that is provided to non-disabled children. LD affects 3,000,000 Canadians, yet budgets continue to be cut and children with LD continue to be underserved. A favourable ruling in this landmark case would have impacted the way school boards across Canada support millions of students with LD," said Judy Kerr, Executive Director of The Learning Disabilities Association of Canada. "LDAC commends the Moore family for not settling their case when the opportunity presented itself, and for pursuing it on behalf of the 1 in 10 Canadians who have Learning Disabilities."

The ruling is especially damning given the most recent numbers on LD from Statistics Canada. The most alarming findings of the 2006 Participation and Activation Limitation Study (PALS) are:

  • Learning Disabilities joined chronic conditions as the most common form of disability for children aged 5 - 14.
  • The number of Canadians aged 15 and over with Learning Disabilities rose by almost 40% in 2006.

"The court ruling in the Moore case is deplorable. Canada's education system is broken," said Judy Kerr. "Bright, talented students with LD are falling through the cracks, because they do not have equal access to education. It's a question of governments investing in the education system now so that individuals with LD can succeed and contribute to the Canadian economy, or investing in social, health and mental health services later."

The Learning Disabilities Association of Canada's 2007 groundbreaking study, Putting a Canadian Face on Learning Disabilities (www.pacfold.ca ), uncovers the reality of living with a Learning
Disability:

  • Over one-quarter of Canadians with LD aged 22 to 29 (28.3%) reported less than a high school certificate as their highest academic achievement, compared to 14.9% in the general population.
  • Young people with Learning Disabilities are 2 - 3 times more likely to suffer from depression and mental health issues.
  • The employment rate for individuals with LD is 51%, compared to 89% in the general population.

About Learning Disabilities

A Learning Disability is a neurological condition that interferes with a person's ability to store, process, or produce information. Learning Disabilities can affect one's ability to read, write, speak, spell, compute math, reason and also affect a person's attention, memory, coordination, and perceived social skills and emotional maturity. Although people with Learning Disabilities have average or above-average IQs, their disabilities are evident in academic and social situations.

About The Learning Disabilities Association of Canada (LDAC)

Since 1963, the Learning Disabilities Association of Canada has provided support to people with Learning Disabilities, as well as their families, their teachers and other professionals who help them. LDAC is a volunteer-led association representing a network of 10 provincial and 2 territorial Learning Disabilities Associations. From these extends a network of chapters in some 55 communities across the country with more than 7,000 members across Canada.

PDF document of the appeal decision

For information:

Claudette Larocque, Director of Public Policy and Programs
Learning Disabilities Association of Canada (LDAC)
250 City Centre, Suite 616, Ottawa, Ontario K1R 6K7
613-238-5721 ext. 202 fax 613-235-5391
Toll free: 1-877-238-5332
info@ldac-acta.ca
www.ldac-acta.ca

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