The case involved alleged restraints and seclusions at an elementary school between 2007 and 2022
The Yukon Supreme Court has ordered the government to disclose the names and contact details of students from Jack Hulland Elementary School (JHES) involved in a class action suit concerning alleged inappropriate restraints and seclusions between 2007 and 2022.
The class action, representing current and former students of JHES, centred on accusations that students were inappropriately held, restrained, locked in rooms, or placed in seclusion during the specified period. The plaintiffs argued that these actions were contrary to the duty of care and fiduciary obligations owed to the students, highlighting a lack of appropriate policies and procedures at JHES.
At the center of the dispute is the disclosure of sensitive student records, which the Yukon government initially resisted, citing privacy concerns under s. 20 of the Education Act. This section limits the availability of student records without written consent from the student or parents if the student is over 16. However, the court found that while the student records contain names and contact information, such data also exists outside these confidential files, thereby not under the same strict privacy constraints.
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The court rejected the government's argument that the plaintiffs must exhaust other means of obtaining the information, such as through the RCMP or external investigators, who accessed the records for criminal investigations. The court emphasized that such disclosures by third parties would be outside the intended limited purposes and could not substitute for direct disclosure obligations in civil actions.
Additionally, the Supreme Court deemed the request for complete student records for all potential class members premature, considering the ongoing class membership confirmation process. The court noted that obtaining written permissions to access more detailed records should be more straightforward once class membership is confirmed after the opt-out deadline.
The court highlighted the challenges in managing student data privacy while ensuring accountability and transparency in public institutions, particularly in sensitive cases involving minors. The Yukon government is expected to comply with the order, facilitating the progress of this class action suit as it moves towards addressing the systemic negligence allegations and potentially discussing settlements.
