A woman who claimed a government ministry violated her rights by not allowing emotional support rats when she was a teen in care won’t be getting a hearing at B.C.’s Human Rights Tribunal.
AS alleged the Ministry of Child and Family Development and Brian Young, the director of children protection, discriminated against her based on mental disability by taking away her emotional support rats.
According to an Oct. 21 decision from tribunal member Ijeamaka Anika, AS was a child under the continuing care, custody and guardianship of the case respondents at a staffed residential resource home contracted by the ministry.
Anika said the care team made many efforts to support AS in her having the rats but her behaviour in caring for them as well as concerns for her well-being led to their removal from her care.
In February 2020, AS went to a pet store to purchase two rats. She was accompanied by care team staff.
The respondents said AS was allowed to purchase the rats in the hopes that they would be therapeutic for her. AS said she bought the rats to help with “mental disorders” and “mental health problems” which she describes as depression and “major anxiety.”
She was responsible for caring for the rats, the ruling said.
The ministry and Young said AS had not been prescribed emotional support rats and that they took steps to accommodate AS but could not reasonably do so without jeopardizing the safety, security and well-being of AS and the rats.
Staff soon began having issues with the rats’ welfare.
In February 2020, staff believed AS was yelling at one rat and throwing things at it. The same day, she took one outside and was throwing snowballs at it.
She was told to be gentle with the rat.
Soon, AS was mad at the rat for chewing on computer cords.
Staff also had concerns about AS taking the rats into the bath and not cleaning the cage; the latter led one to become ill.
Soon, she reported feeling dizzy.
“The care team consulted with AS’s doctor who noted that AS’s symptoms could be related to how she handled the rats, particularly regarding AS bathing with the rats, not cleaning their feces, and feeding them raw meat without sanitizing afterwards,” Anika said.
Staff subsequently created rules for rat care.
Rats in underwear
In March 2020, a staff member emailed the care team that AS was clipping the rats’ nails at the kitchen table, throwing rat feces at staff, putting the rats in her underwear, and allowing the rats to defecate on her bed.
Anika noted she refused to follow the rules and became defensive each time the rules were mentioned.
In April 2020, staff filed a report saying AS had engaged in self-harm, and disclosed to staff that she was letting the rats lick cuts in her arms.
Later that month, AS was told if she did not follow the rules, a new home would be found for the rats.
Soon, one of the rats was found to be bleeding as a result of nail trimming. She wanted to give it a saltwater bath. The rat kept licking the wound and she suggested putting hot sauce or lemon juice on it, according to the decision.
In June or July of 2020, a new home was found for the rats. They were later turned over to the SPCA. She was allowed to visit the rats multiple times.
AS claimed she was not harming the animals.
A psychiatrist provided a letter to the care team, saying the “rats function as emotional support animals for [AS], providing her with much-needed support and comfort for her ongoing emotional and mental health challenges.”
The debate about the rats continued into August of 2021.
Anika said that since the filing of the complaint, AS has aged out of care and the rats have died.
To prove her complaint, Anika said AS needed to show she had a disability and that the protected trait was impacted by the situation.
However, AS did not respond to the respondents’ request to dismiss the case so Anika could only go on the information before her.
“The respondents took all practical steps to accommodate AS by supporting her in her care of the rats, setting rules when concerns arose, and informing her of the consequences, and after her behaviour did not change, they reasonably removed the rats,” Anika said in dismissing the complaint.
