The Kids of Jack Hulland Elementary – Supreme Court Ruling (Update March 27, 2024)


Warning: This multi-part series deals with the physical abuse of vulnerable children in the public school system. If you or someone you love is experiencing trauma-related symptoms from physical abuse, please seek help. Resources in Canada can be found here: https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/services.html For children, Kids Help Phone: Call 1-800-668-6868 (toll-free) or text CONNECT to 686868.


“For these reasons, I will order the Yukon government to disclose and produce to
counsel for the plaintiffs a list of names, last known addresses, last known email
addresses, and last known telephone numbers of all students of JHES between
January 1, 2002 and June 30, 2022, and of their parents.”

Chief Justice S.M. Duncan, Yukon Supreme Court

March 27, 2024

It’s been a long wait, and it has taken enormous patience for so many of us. We are always aware that there are victims at the centre of this class action lawsuit. The victims are children in need of care. Children are denied the therapeutic supports they need when there are delays in bringing the complaints to conclusion.



After the Supreme Court of Yukon allowed the Class Action Lawsuit to proceed, the lawyers for the plaintiffs requested names and last know addresses of families who might be part of the “class”, as defined in the legal decision.

The Department of Education refused to provide this information, citing privacy of student records, and further delaying the process of getting help for child victims.

Three months later, the Supreme Court has ruled that the Department of Education must provide this information so that families can be informed of their rights, and their access to supports.

What are the next steps? The legal team for the plaintiffs will now use this information to attempt to contact every potential member of the class. This class is defined as:

In other words, the work to find therapeutic supports for victims of physical abuse in a Canadian Public Elementary School can now continue.

Conclusion
[40] This case is at an early stage of the discovery process. The disclosure of the
names and contact information of students and former students during the relevant
period will be useful at this stage of the proceeding in order to help with the class
membership as well as to obtain consent for further disclosure where necessary.

Chief Justice S.M. Duncan, Yukon Supreme Court

March 27, 2024


Featured Image by Agnieszka Boeske on Unsplash

Resources:

Supreme Court of Yukon Judgement: GX v. Yukon Government March 27, 2024 https://www.yukoncourts.ca/sites/default/files/2024-03/2024_yksc_13_gx_v_yukon.pdf

The Kids of Jack Hulland Elementary is a compilation of stories around the Inappropriate Use of Force on vulnerable children over many years at a public school in Whitehorse, Yukon. This is a complex narrative about the violation of the rights of children in a public school, where all children should thrive. Through understanding the circumstances that led to and supported child abuse, we can all ensure this never happens again.

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 hjordan@yukonlaw.com

Who I Am: My name is Donna Miller Fry. I was Superintendent of Schools in Whitehorse, Yukon when I became aware that prior to my arrival, children at Jack Hulland Elementary School were being restrained and secluded as a method of discipline – for years. I (and others) reported this to the RCMP on November 29, 2021. Since then, the Department of Education has admitted the inappropriate use of restraints and seclusion. The victims have resorted to legal action to obtain professional support in addressing the impacts of trauma. This can never happen again in the public school system. By telling this story, I hope to empower education leaders to ensure vulnerable children are never again the victims of abuse in the very place that should be dedicated to their flourishing.

The Kids of Jack Hulland Elementary

  1. Introduction
  2. Timeline Part 1 (Class Action Lawsuit)
  3. Timeline Part 2 (RCMP)
  4. Section 43 of the Criminal Code of Canada
  5. The Statement of Claim
  6. The Yukon Child and Youth Advocate’s Office
  7. The [Missing] Kids of Jack Hulland Elementary
  8. Week 1 Summary
  9. The Federal NDP Attempt to Repeal Section 43 of the Criminal Code of Canada (Bill C-273)
  10. UPDATE: Bill C-273
  11. UPDATE: Supreme Court of Yukon Decision March 27, 2024
  12. UPDATE: Yukon Child and Youth Advocate’s Office PODCAST
  13. No Pain, No Shame, No Blame (American Academy of Paediatrics)
  14. Senator Stan Kutcher and Bill S-251 to Repeal Section 43
  15. Truth and Reconciliation Call to Action 6
  16. The Rights of Children
  17. The Public Education System in the Yukon
  18. Ronald Morrish – Discipline that Harms
  19. Ethical Practice and the Teaching Profession
  20. Recap and FAQ
  21. Childhood Trauma – ACES
  22. The long-term impact of physical abuse of children
  23. What we know about corporal punishment of children

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