Yukon child advocate finds shortcomings in gov't response to holds, isolation at Whitehorse school

The Yukon government failed to properly respond to and support students and families affected by the improper use of holds and isolation at a Whitehorse elementary school, according to a new report by the office of the territory's child and youth advocate. 

Territorial Education Minister Jeanie McLean tabled the report — titled I Am Not Okay, It's Not Okay — in the Yukon legislative assembly Thursday. The 68-page document is the result of a systemic review the advocate's office began in 2021 after reports emerged that some staff at Jack Hulland Elementary School had placed students in physical holds or confined them in isolation spaces. 

"I think the title says it," advocate Annette King said in an interview after the report was tabled, emphasizing the "long-lasting impacts" that the practices had on children and their families. 

"In our work, we're always dealing with rights violations... But to learn about the magnitude of this in terms of the long-standing 'Jack Hulland way' that wasn't addressed for many, many years — that is alarming."

Holds, where adults use their bodies to physically restrain a child, are supposed to be a last resort when a child is at serious risk of harming themselves or others, while isolation is not supposed to be used in Yukon schools at all. However, an internal review by the education department found that up until 2020, some Jack Hulland staff members routinely used both on students for not complying with directions, including in cases like a child refusing to pull down the hood on their sweater.

"We have witnessed the alarming consequences of a systemic failure in the education system – one that has left vulnerable children subject to harmful practices, without accountability for those responsible," part of the child and youth advocate's report reads.

The advocate office's review was independent from the government's and from a Yukon RCMP investigation that resulted in no criminal charges being laid. The report makes five findings related to major shortcomings in the government's response and lays out eight recommendations "so that this never happens again." 

Among the shortcomings were a lack of communication with families throughout the process, which the report says left some "in a state of uncertainty and frustration" and excluded others from being able to participate in investigations or reviews. 

The report also says there was inadequate documentation and incident reporting, including when it came to "some individuals" complying with their duty to promptly report suspected child abuse and properly filling out workplace risk assessments. School staff must fill out those assessments whenever there's physical contact between a student and staff member, but the report says that in some cases, assessments at Jack Hulland lacked detail or were not done at all. As well, some of the completed assessments were not properly stored or reviewed by higher-ups in the department in a timely manner. 

Other shortcomings, the report says, include staff named in the criminal investigation having continued access to students, insufficient educational programming for students with complex needs, and a failure to provide therapeutic support for both current and former Jack Hulland students since the allegations came to light.

As well, the report says the RCMP's response "was delayed by many months and interviews were not prioritized," which resulted in some victims losing trust in the investigation and deciding not to participate when finally contacted by police. 

Minister accepts recommendations 'in principle'

The report's recommendations include improving coordination between government departments and other agencies to ensure reports of child abuse are dealt with promptly and that affected children receive ongoing support. It also recommends creating "a clear and organized process to document incidents," improving post-incident communication with school communities, strengthening school safety policies and procedures, and providing "continued access to supports" for former Jack Hulland students and families dealing with "the life-long impacts." 

Besides the findings and recommendations, the report also notes that the office provided "individual advocacy" to 20 affected children and youth, that Indigenous children made up a "disproportionately high number" of Jack Hulland-related referrals to the office, and that while some affected children "struggled with dysregulation, many did not." 

The report asks the government to provide an initial response to the recommendations and the work being done to implement them by June 30 and a follow-up by on Dec. 1. 

Education Minister Jeanie McLean, who also tabled two other reports by the child and youth advocate this week, unrelated to the Jack Hulland review, was not available for an interview Thursday or Friday. In a news release, she said the government accepted the reports' recommendations "in principle and has already been hard at work to take meaningful steps to address these issues."

"Our government is committed to creating safer, more inclusive schools that support every student's learning and wellbeing," she said.

"Together, we will continue to build an education system that truly reflects our shared values and commitments."