Girl faces challenge of switching schools
After attending school with many of the same kids for more than 12 years, a Porter Creek Secondary School student is faced with changing over to a new school when she returns from a sports event Outside.
After attending school with many of the same kids for more than 12 years, a Porter Creek Secondary School student is faced with changing over to a new school when she returns from a sports event Outside.
On Monday, Yukon Supreme Court Justice Ron Veale dismissed an application by the family of the Grade 11 student for an interim injunction preventing a drug-detecting dog from entering the building, due to the student's severe allergy.
The proposed injunction was requested until a decision on a judicial review of the human rights complainant filed by the family.
The Canines for Safer Schools program, which involves the dog, had been delayed for a year as the Yukon Human Rights Commission considered the family's complaint. It was dismissed in August.
The student's identity is protected under a publication ban.
In an interview Monday afternoon along with the family's lawyer, Sharleen Dumont, the girl's mother, said she's still absorbing the decision.
She will now look at new schools for her daughter and consult with Dumont on what legal steps they can take next.
'It'll be tough,' she said of her daughter changing high schools.
The program is a three-year pilot project being done in an effort to deal with the drugs being used and coming into the high school. Drug awareness co-ordinator Doug Green, who started a similar program in Alberta a number of years ago, began his work at Porter Creek at the beginning of the school year by doing classroom presentations.
After waiting for the court decision, Green planned to bring Ebony into the school today. Ebony is trained to detect drugs and act as a deterrent in keeping them out of the school, and as a point of contact between students and Green.
It was argued in court that other initiatives to reduce drug use haven't worked. The girl's mother said it didn't seem like other programs not involving dogs were considered in dealing with the issue.
'I sincerely don't want drugs in the school. I just think there were options that weren't explored,' she said.
Dumont pointed to the seriousness given to peanut allergies after two kids died of anaphylacticshock in 1994.
Had her daughter been allergic to peanuts instead of animals, she likely could have stayed at Porter Creek Secondary, the mother said.
'(The student's) not willing to be the person to show that you can be just as allergic to animals,' Dumont said.
The mother argued that just because something on the Internet may say a filter can be installed to help allergies and asthma, it doesn't mean it's true. There's more evidence showing asthma is becoming more prevalent among children.
The school also proposed a number of measures to reduce to the risk of allergic reactions among students at the school, such as keeping the animals away from classrooms where students with allergies are.
Throughout the case, the mother has grown tired of hearing the argument about other students at the school having pet dander on their clothes already.
'Of course (my daughter) wouldn't go up and hug anyone,' she explained.
'She has been with this group, not since Grade 8, most of them since kindergarten. So they grew up with this girl, knowing if there was a dog that ran into the gym, they would take it out; they never walked up to her covered in a fleece with a lot of animal hair on it; never, they wouldn't do that, because they knew.'
Along with the nervousness that comes with going to a new school, it will be even harder to go to a new school where teachers and students aren't as familiar with her allergy, she added.
After the court decision was handed down Monday, many of the girl's friends at Porter Creek Secondary gathered at the family's home.
'They all had a big cry,' the mother said, adding that her daughter was comforting many of her friends who were saying they'll miss being with her in class. 'It won't be easy on a 15-year-old.'
While there are other students at the school with serious allergies to animals, the girl's mother said she believes many saw what her own daughter was going through and didn't want their own kids to experience that.
Over the past year, the family has heard comments ranging from questioning the seriousness of the allergy to saying she should live in a bubble to telling the mother how to parent.
'It's been extremely stressful that it's been that personal and, unfortunately, a small group of parents have been so outspoken about all of this,' Dumont said.
Both the lawyer and the girl's mother pointed out there are others who have supported the family's position.
'I think a lot of those parents (who have children with allergies) were waiting to see what happens and now they know,' she said. There were also a few moms over at the family's house discussing their own children's allergies.
'They were concerned,' she said.
The family has received a lot of support from family, friends and even some teachers at the school, the girl's mother said.
The mother has been proud of her daughter, who has remained strong and healthy throughout the year as the matter has gone to the Yukon Human Rights Commission and then before the courts.
The girl has kept her school marks up and continued her involvement in a number of school activities.
'(She's) a really strong girl,' her mother said.
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