Mom feels 'utter disappointment' after appeal dismissed in seclusion room lawsuit

Seclusion room charter appeal dismissed A judge has dismissed an appeal of a 2018 lawsuit over the use of seclusion rooms.

EDMONTON — The parents who sued a Sherwood Park school board after claiming their autistic son was locked naked in a seclusion room were disappointed after their appeal was dismissed Tuesday.

Marcy Oakes and Warren Henschel sued the province and Elk Island School Board in 2018 over allegations their then-12-year-old son Aidan, who is non-verbal, was stripped naked and locked alone in a seclusion room in 2015.

The parents believed the actions taken by the school violated Aidan's Charter rights and that the education ministry should be held liable because it implements seclusion room policies.

A judge initially dismissed their claim against the ministry. Oakes and Henschel appealed and in court Tuesday, their appeal was dismissed.

"I'm just very disappointed. Just complete and utter disappointment," said a visibly upset Oakes. "You're seeing mom emotion right now."

Three appeal judges ruled unanimously that the ministry did not breach the Charter and that nothing in the School Act, which was later replaced by the Education Act, stated the ministry has to ensure practices are properly implemented.

"It says that the government of Alberta, as deemed by the court today, isn't responsible for keeping our children safe at school," said Oakes.

Advocates with Inclusion Alberta previously called for a review of seclusion rooms in light of Aidan's case, saying the practices of locking children up is morally reprehensible.

"We're talking about the equivalent of solitary confinement for children actually, at the place where we expect them to be educated," said Bruce Uditsky. "I think that rises above day-to-day operations of schools."

Uditsky noted that the federal government is responsible for solitary confinement in prisons.

"How is it that the Alberta government doesn't have responsibility in any way…in terms of monitoring and assuring appropriate practice?"

Aidan's story was high-profile enough that the ministry banned seclusion rooms under the NDP government.

The in October, the UCP government established a new set of standards that allowed rooms and physical restraints to be used in schools in emergency or crisis situations as a last resort.

"It is what it is, and things have changed now since 2015 when this happened to Aidan, and they've changed for the better," said Oakes.

The parents have not given up on their lawsuit yet.

Elk Island Public Schools is the remaining defendant from which Aidan's parents are seeking damages and responsibility. Oakes told CTV News Edmonton Tuesday they were seeking $250,000 in damages.

"There's still a lot of work to be done so don't lose your hope and just hold them accountable to the new guidelines," she said.

None of the allegations have been proven in court.

With a report from CTV News Edmonton's Dan Grummett