Cudmore v. Province of NB and School District 2
Consuming approximately 30 days, this was the longest-running human rights case ever heard in the Province of New Brunswick. The case involved an allegation of illegal discrimination against the province and one of its School Districts for having failed to accommodate a disabled student. The Board of Inquiry ruled against our client, the New Brunswick Human Rights Commission and the Complainant. The case was resolved before it was heard by the Court of Appeal, however.
The Cudmore case illuminated the human rights issues which relate to the education of disabled children in New Brunswick. A very similar case, which was heard in British Columbia at the same time this dispute was considered in New Brunswick, led to a favourable conclusion for the Complainant. That British Columbia case now forms the basis for the New Brunswick Human Rights Commission’s guideline regarding the accommodation of disabled students in the province’s schools.