Dog adoption policy 'discriminatory,' human rights tribunal rules

‘An autistic person and a dog can work together’ The Ontario Human Rights Tribunal ruled against a local rescue that refused to place a dog with a boy who has autism. Scott Miller reports.

An Oxford County dog rescue’s policy not to adopt dogs to homes of children with autism has been deemed “discriminatory” by the Human Rights Tribunal of Ontario.

“It ensures I wasn’t making a mountain out of a mole hill. It takes a large weight off our family,” said Erin Doan, who lodged the complaint in 2022.

Doan brought the human rights complaint against Kismutt Dog Rescue in May 2022 after she was told she couldn’t adopt one of Kismutt’s rescue dogs, because her son, Henry, has autism.

Ontario’s Human Rights Tribunal agreed with Doan, and called Kismutt’s blanket policy “discriminatory.”

In addition, the tribunal ordered the owner, Kim Thomas, to complete human rights training by March, to end social media posts about the Doan’s case, and to pay $20,000 in damages to the Doan family.

Thomas meanwhile stands by her decision not to adopt a dog to the Doans, and cited cases in which dogs had been injured by children with autism in 2008 and 2012. She said she doesn’t plan on abiding by the tribunal’s ruling, completing human rights training, or paying the $20,000 penalty, which may prompt more legal wrangling.

“There are ways to do that, and we are looking into that avenue. But, for the most part the focus is on the decision. And that’s what I set out to do. It wasn’t about the other stuff, so we’ll go on from there,” said Doan.

The decision is being hailed as a precedent setting victory by Autism Ontario and the disability community.

“This is sometimes how laws [are] made, through this way. It’s important that autistic families, autistic people have access to animals. Access to the love of a pet, which can offer them love and stability, and be a positive force in their lives,” explained Michael Cnudde of Autism Ontario.

The Doans did end up adopting a rescue dog for Henry shortly after being denied one from Kismutt. Unfortunately, Chico had to be put down due to “medical issues” just two weeks before the tribunal hearing’s decision in December 2023.

“Henry and Chico were the best of friends. They did everything together and it just goes to show that an autistic person and a dog can work together,” said Doan.

Doan said they’re going to mourn Chico for a bit, before considering getting another dog for 11-year-old Henry.

Thomas no longer adopts dogs through Kismutt Dog Rescue, but does still board dogs at her property located south of St. Marys.

She disagrees with the tribunal’s decision and said she’s received hundreds of emails and messages of support for her position.

The Doans however are ready for this chapter of their lives to come to an end.

“Just move on, and know it was a huge win for the autism community, as a whole, and disability community, as a whole, and not just for my son,” said Doan.