The Yukon Department of Education is facing another court case as a former student in Mayo has alleged physical and mental abuse over several years at J.V. Clark School.

The former student, who is not being identified, is now in her mid-20s.

She has hired James Tucker and his Whitehorse legal firm to represent her.

The Yukon Star has obtained the statement of claim in the case.

Some of the highlights include the following sections:

“The Forcible Confinement Policies directed the use of holds, restraints and seclusion upon the plaintiff in circumstances where they posed no risk of harm to themselves or others. 

At all relevant times, the Council and Department were aware of and approved of the Forcible Confinement Policies. 

“From in or about September of 2007 until 2010, the administration and staff including teachers and education assistants, (collectively, the “Staff”), at JV Clark used physical holds and restraints, (collectively referred to as “Holds”) as set out in the Forcible Confinement Policies, to confine, transport or restrict the movement of the Plaintiff when the Staff deemed it necessary. 

“Certain members of the staff were regularly assigned to respond to requests from 

other staff to employ Holds on the Plaintiff. 

“The staff used Holds on the Plaintiff when the plaintiff became emotionally heightened, dysregulated and/or upset, even though the plaintiff did not present a risk of harm to them self or others; and the plaintiff was disobedient and/or did not follow instructions from the staff the first time the instructions were given,” the statement adds. 

“The staff used holds on the plaintiff when there was no justification or reason to do so and in particular when there was no risk of harm to any person. On each occasion the staff used holds on the plaintiff, the staff committed assault, battery, and/or the tort of false imprisonment against the plaintiff.” 

The statement goes on to state “as a result of repeatedly being subjected to assault, battery and false imprisonment by the staff, the plaintiff has suffered and continues to suffer: 

a. Pain and suffering; 

b. Psychological injuries; 

c. Anxiety; 

d. Depression; 

e. Post traumatic stress disorder; and 

f. Such further damages as counsel will advise at trial.”

When the student was in isolation, the statement suggests, “the Staff primarily used a boot room adjacent to the entrance to JV Clark for the involuntary seclusion of the plaintiff (“Isolation Room”). The Isolation Room had a door that provided an exit from the entire school. This door was always locked with a padlock and chain during the plaintiff’s seclusions.”

The statement explained the isolation room also had numerous large windows in the walls and doors, through which anyone who entered the school could observe the former student locked inside in emotionally heightened and dysregulated states. 

“JV Clark Staff referred to the Isolation Room as ‘the Crystal Palace’ because of the proportion of glass and windows used in its construction, and as an ironic reference to its use as a space for disciplining the plaintiff.”

The former student alleges this happened frequently and repeatedly, sometimes daily, during this period.

Tucker also spoke to the Star about the case on Friday.

“This is a case much like the Jack Hulland investigation,” he said, referring to the elementary school in Porter Creek where similar allegations have arisen. “There’s a striking resemblance.

“It’s also similar to a case in Haines Junction we are pursuing.”

He said his client claims to have been put in restraints and isolation constantly over a 10-year period at the school.

Tucker acknowledged the woman had a history of emotional dysregulation, but says the treatment went further than necessary.

She also has obtained her official school records, where the incidents and treatment are formally documented.

So it’s not a question of whether the treatment did occur, Tucker said. It’s whether it was appropriate.

Jack Hulland Elementary School was the subject of a police investigation and a class-action lawsuit for very similar behaviour by school staff and officials. The police investigation lasted longer than a year, and concluded last fall without any charges being laid.

The allegations included multiple students being treated to inappropriate restraints and placed into an isolation room when they “acted up.”

It sparked a class-action lawsuit which Tucker’s firm is pursuing.

He said there’s an obvious pattern developing – all in schools managed by the Department of Education.

Tucker said he thinks the situations can be linked to the territory’s problems in trying to accept and implement a policy of inclusiveness in schools, along with other factors. 

Trying to integrate students with unique needs has been a real challenge for the Yukon, he suggested.

He said the department’s policies are likely at fault, as well as training for school staff that could have been improved on.

“I think the department has struggled with inclusivity,” Tucker said.

The case is now being scheduled for trial, which is likely a year or more away.