By The Canadian Press

Seclusion Rooms

Alberta parents lose appeal over school putting son in seclusion room

Feb 5, 2020 | 4:05 PM

EDMONTON – Parents who say they found their autistic son stripped naked and covered in his own feces after he was locked in a seclusion room at an Edmonton-area school have lost an appeal in their lawsuit.

Marcy Oakes and Warren Henschel sued the school board as well as Alberta’s Education Department in 2018.

They alleged that Clover Bar Junior High School in Sherwood Park violated their 12-year-old son Aidan’s charter rights and that the department should be held liable.

Elk Island Public Schools denied the allegations.

A lower-court judge dismissed the claim against the ministry and the Alberta Court of Appeal upheld that decision on Tuesday.

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The three Appeal Court judges ruled unanimously that the ministry did not breach the charter and that nothing in what was the School Act at the time stated the ministry had to ensure practices were properly implemented.