Forcible confinement, restraints that lasted for hours, regular seclusion for large portions of the school day (without direct supervision) – all of this and more can be found in the Statement of Claim filed with the Supreme Court of the Yukon on October 31, 2022
It outlines the details of the abuse alleged by former students at Jack Hulland Elementary School in Whitehorse, Yukon.
This is a warning about the use of very strong language in the Statement of Claim, as it should be. Nobody in a position of power has the right to harm a child. And nobody in a position of power has the right to bury or hide what they know about harm being done to children. We have laws in Canada that were written to protect children from abuse. But how are those responsible being held accountable?
The Statement of Claim can be found in its entirety here: https://tuckercarruthers.ca/wp-content/uploads/2023/09/2nd-Amended-Statement-of-Claim-filed-2023-06-02-SEALED.pdf
Below I will summarize some of the allegations made against the Yukon Government, Department of Education.
Let’s begin with the regular use of seclusion to discipline and exclude students (something not even permitted in jails in Canada)
The Statement of Claim outlines the construction of the “study carrels” in “The Nest”, where children were forcibly confined, repeatedly, sometimes for many hours at a time. It identifies the practice of leaving children to be watched by video camera, without direct supervision by an adult.
Again, the Department of Education has admitted that their internal investigation revealed the inappropriate use of seclusion by staff at Jack Hulland Elementary. An important question at this point might be, “What happened to the staff who were responsible for harming children through the use of confinement and seclusion?”.
The Statement of Claim goes on to note that staff subjected children to unlawful imprisonment, a form of corporal punishment. The Yukon Education Act prohibits the use of corporal punishment in Yukon schools. Who is responsible for enforcing the Education Act, and why was this section of the Act ignored by the Deputy Minister and her Assistant Deputy Ministers?
The Statement of Claim also alleges that teaching staff at Jack Hulland Elementary frequently used restraints and holds, often for hours, on children as young as kindergarten age, when the children posed no risk to themselves or others. It alleges staff used what amounts to assault, as a form of discipline, when children failed to follow the HAWK code (posted in every classroom and in the hallway).
How is it possible that an elementary school, in the public school system in Canada, could use these measures on children for so many years? Over the next few instalments, we’ll examine the structure of the education system in the Yukon, and how this system structure contributed to supporting the open abuse of children in a Whitehorse school.
Thank you for your interest in this series so far. Please leave any questions or comments you may have, and be sure to share this series with others.
The Kids of Jack Hulland Elementary
- Timeline Part 1 (Class Action Lawsuit)
- Timeline Part 2 (RCMP)
- Section 43 of the Criminal Code of Canada
- The Statement of Claim
- The Yukon Child and Youth Advocate’s Office
- The [Missing] Kids of Jack Hulland Elementary
- Week 1 Summary
- The Federal NDP Attempt to Repeal Section 43 of the Criminal Code of Canada (Bill C-273)
- UPDATE: Bill C-273
- Senator Stan Kutcher and Bill S-251 to Repeal Section 43
- Truth and Reconciliation Call to Action 6
- The Rights of Children
- The Public Education System in the Yukon
- Ronald Morrish – Discipline that Harms
- Ethical Practice and the Teaching Profession
- Recap and FAQ
- Childhood Trauma – ACES
- The long-term impact of physical abuse of children
- What we know about corporal punishment of children
Class Action Lawsuit: Were you (or someone you know) a student at Jack Hulland Elementary School in Whitehorse, Yukon during the years 2007 to 2022? You may be entitled to compensation as part of a class action lawsuit against the Yukon Department of Education. Please contact Tucker-Carruthers Yukon Law for more information. Website: https://tuckercarruthers.ca/ or contact Heather Jordan, Paralegal at 867-667-2099 or email firstname.lastname@example.org