A group of Edmonton parents of children with disabilities says their Charter rights to education are being violated because of decisions made by Alberta’s education minister.
Feeling ignored and unheard, the parents are now suing the province.
The lawsuit filed Friday morning at the Court of Kings Bench in Edmonton against the Alberta government and Education Minister Demetrios Nicolaides points to a ministerial order made on Jan. 10, that granted the Edmonton Public School Board permission to commence at-home learning for select students.
Thousands of public school support workers — educational assistants, librarians and office staff — have been on strike since Jan. 13.
Because of the strike, students who require educational assistance are taking part in “at home learning.”
“It’s so blatant in the way in which this excludes and targets children with disabilities,” said Orlagh O’Kelly, the lawyer representing the parents.
The lawsuit alleges “This measure has no other purpose than to save the province money on educational support workers’ wages off the backs of children with mental or physical disability disabilities.”
Martin Doyle is one of the parents who filed the lawsuit. His son Ryan, 11, has Level 3 autism — the highest on the scale — also known as profound autism, and requires a great deal of support.
Martin Doyle and his son Ryan Doyle, who has severe autism, speaking to Global News on Jan. 22, 2025 about how their lives have been disrupted by the strike between CUPE staff and Edmonton Public Schools.
Global News
Ryan is in Grade 6 in an Interactions class – a highly specialized type of programming at EPSB that supports students on the autism spectrum disorder (ASD).
The ratio of students to teachers and EAs in Interactions classes is low: in Ryan’s class, there are eight students, three EAs and his teacher. Without EAs, the class can’t function.
Doyle said between Jan. 13 when the strike began to Jan. 20, his son was not allowed to go to his Interactions classroom and since the 20th, he’s only been allowed to go to school two days a week.
The father said his son is restless at home, and the sudden change to his routine is stressful and upsetting, having a significant impact on his learning, behaviours and emotions.
“He doesn’t understand. He sees the bus go by and he can’t go on it,” Doyle said on Friday outside the Alberta legislature, where some parents gathered to speak out about the issue.
“He cries. I have to console him. He’s bored and missing his routine. We have to see him suffer, it’s tough.”
The lawsuit states every person in Alberta, of a certain age, has a right of access to education under section 3(1) of the Education Act, which is also constitutionally protected under the Charter of Rights and Freedoms.
It goes on to claim the ministerial order curtails the right of access to education based on a student’s disability.
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Doyle says the strike has also been hard on his family’s finances. He’s said he’s taken a leave of absence from work in order to be home with his son. Doyle said he’s written to the premier and minister’s office, to no avail.
“They don’t want to hear from us, so at some point you have to do something else.”
Doyle said just because his son is special needs, doesn’t mean he deserves a lesser education experience.
“I want to do everything I can to fight for my sons right to an education.”
The other parents named in the lawsuit have students with Down syndrome, epilepsy, narcolepsy, dyslexia and a generalized learning disorder and also autism. Those parents also all stated their children’s wellbeing is suffering from the disrupted routine and one even said their daughter’s development was regressing from not being in school.
The lawsuit claims there are an estimated 1,200 children similarly affected by the ministerial order in EPSB and have not been in school in recent weeks. Overall, the lawsuit said around 2,500 students were placed on a modified schedule and/or rotating schedule.
“To make the disabled kids suffer while all the other kids don’t, it’s just not right. I think anyone can see that,” Doyle said.
“Everyone has a right to an education, not just some and not just the ones that are easier to deal with, right?”
CUPE 3550 members employed by the Edmonton Public School Board protesting while on strike in January 2025.
Global News
There are approximately 2,000 Edmonton Public Schools educational assistants represented by CUPE 3550 that have been on strike for nearly three weeks.
“Despite their importance to the education system, most EAs are paid an annual non-salaried amount, based on 35-hour work weeks, between $31,740 and $43,193. EAs have not received a meaningful raise in 10 years,” the lawsuit stated.
The lawsuit claims as the sole provider of funding to Edmonton Public, the province of Alberta has the sole power to end the strike if it lifts a wage cap imposed on EPSB in respect of the EAs.
The parents say that gives the school board little wiggle room at the collective bargaining table.
“This strike will not end until the EAs give up or the government decides to give them a living wage,” said O’Kelly.
O’Kelly said while there are four parents listed in the lawsuit, she had more than 50 contact her — including parents from Fort McMurray, where EAs have been on strike since November.
“There’s thousands of kids affected by this.”
The lawsuit is asking a judge to declare that the children’s charter rights have been violated, for a judge to strike down the ministerial order, and for the two sides to resolve the differences that led to the strike. O’Kelly said they are also seeking $25,000 in damages for each family and $150,000 for misfeasance in public office.
Global News reached out to the minister of education for comment and was told because the matter is before the courts, it would be inappropriate for Nicolaides to comment at this time.
The lawsuit comes on the same day a cease-and-desist was filed by the CUPE against Edmonton Public Schools.
They’re telling lies,” said Rory Gill, president of the CUPE Alberta. “They’re being dishonest.”
The union said the school board communicated directly by email with members of CUPE 3550, and also posted on School Zone to parents. The communication included details the employer claimed were part of a proposal at the bargaining table. The division publicly outlined its proposed 13.5 per cent pay increase over eight years, retroactive to 2020.
The memo stated the proposed wage increases are 0 per cent for 2020-21 and 2021-22, followed by increases of 1.25 per cent on June 1, 2023, 1.50 per cent on Feb. 1, 2024, 3 per cent on Sept. 1, 2024, 3 per cent on Sept. 1, 2025, 2.50 per cent on Sept. 1, 2026, and 2.25 per cent on Sept. 1, 2027. It also outlined other details of the offer.
Gill said the union feels the school board is trying weaken the resolve of striking members and turn parents against them.
“What Edmonton Public has done is talked about things that have happened in bargaining, distorted details of that — both to members and to parents — and given the impression of things that just aren’t happening at the bargaining table.”
CUPE said the information was presented in a misleading way, lacking accuracy and failing to correctly reflect the necessary context.
“They are distorting what’s happening in bargaining. So we’ve asked them to cease this and to bargain in good faith,” Gill said.
Edmonton Public Schools said what was shared earlier this week was transparent, accurate and within its legal authority.
“We are committed to continuing to communicate with staff, in good faith, so members have the information they need about the status of negotiations,” said a statement from Edmonton Public Schools communications manager Carrie Rosa.
“We are disheartened that the Local executive has chosen to respond in this manner. We remain committed to negotiating an agreement.”
Gill said he commended the parents who launched the lawsuit and said on Friday the union was exploring ways it could assist with it. He said EAs are conflicted: they don’t want to be on the picket line, but they can no longer afford not to be.
“We’re very supportive of the parents because they are supportive of us,” he said.
The two sides returned to the bargaining table on Friday. As of publishing, there were no updates on if progress had been made.