Four students with disabilities are suing the Government of Alberta and Education Minister Demetrios Nicolaides for what they allege is “intentional and flagrant discrimination” and denial of their right to education.
The lawsuit alleges a Ministerial Order issued by Nicolaides on Jan. 12, 2025, providing a legal exemption for in-person learning requirements, is discriminatory as it prevents the students who, because of their disabilities, require a support worker from attending school.
“When we looked at the Ministerial Order, it's clear to us that it's unlawful. First, it violates the student's Charter of Rights, protected under section 15. It is blatantly and flagrantly making a distinction based on the child's complex needs and their disabilities. So, we're challenging it as unconstitutional,” said Orlagh O’Kelly, a lawyer representing the four minors and their legal guardians in the suit.
“We're also challenging it because it's unlawful. It takes away the right of access to education for these children protected in the Education Act,” she said.
The plaintiffs have filed an emergency injunction and are seeking the suspension of this ministerial order.
A statement of claim filed Jan. 31 states that since the beginning of the educational support staff strike at Edmonton Public Schools, the 1200 students have been at home and another 2500 have been on modified schedules. O’Kelly said it is because of their disabilities they have complex needs, and because of their complex needs they are being sent home.
Educational support staff from Edmonton area, Sturgeon County and Fort McMurray have been picketing for three weeks after employers and the union failed to reach an agreement, with wages being a main sticking point.
“The Premier and Minister of Education need do the right thing and end the strike sooner than later. Our kids have a right education, and the fact that you put in a legal document that they don't is troubling,” said Martin Doyle, guardian of one of the students in the lawsuit.
Bargaining mandates issued by the province include wage caps which limit what school boards can offer workers during contract negotiations. The lawsuit argues these wage caps also adversely impact students with disabilities, and that by issuing the bargaining mandates and the ministerial order, Nicolaides and the government have committed “malfeasance in public office.”
" As this matter is before the courts, it would be inappropriate to comment at this time," Nicolaides said in an emailed statement.
