Tribunal to hear case of service dog not allowed in classroom

The Human Rights Tribunal of Ontario will hold a hearing Tuesday and Wednesday in Waterloo to probe the case of an 8-year-old boy with autism who is not allowed to bring his service dog to his Waterloo Catholic District School Board (WCDSB) classroom.

Grade 3 student Kenner Fee was diagnosed with severe autism at the age of three and has been aided by a service dog in order to attend school. Kenner's dad, Craig Fee, told CBC Kitchener-Waterloo the school board said the boy does not qualify to bring his service dog into the classroom.

Now, almost three years since his initial email to the principal of his son's school, the case has reached the level of a two-day hearing at the province's human rights adjudicator that will call seven witnesses to the stand.

"I'm hoping to achieve not only my son being allowed to have his autism service dog in the classroom with him, but any other kids that need this accommodation as my son does," said Fee.

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The school board policy allows for service dogs but Fee says the definition of "handler" has been changed. In Kenner's case, he is tethered to the service dog because the boy is considered a flight risk.The dog is allowed on the property, can walk Kenner to his classroom, but he can't stay in the room.

The Waterloo Catholic School Board said it does have a policy and process that permits the use of service dogs in the classroom but states in its policy that "each case must be considered based on the individual needs of the student."

It also would not discuss individual student cases with the media.

The tribunal sessions will be held in the St. Jacobs Room at The Inn of Waterloo starting at 10:00 a.m. each day. The sessions are open to the public.