Why We Fought The Human Rights Case? NJ vs Granite Club
Niam's World, Human Rights / Oct 29, 2024
For those that have been following NJ vs. Granite Club – a verdict has been reached and we are pleased to share that the outcome is a clear and unequivocal win for Niam Jain, and the Autism community. As a family we stood strong behind Niam, to help his assertion his rights as an individual.
The ordeal, which took place in 2020, involved several behaviours that are common for individuals with autism and other neuro-developmental conditions, including stimming. To some, stimming may look like repetitive movements and vocalizations, but it is considered to be a form of expression and is thought to be calming for those who display them. Niam self soothes by rocking, twirling his hands around the waist area, and in extreme stress pressing down on his finger with his lips.
To appease a Granite Club member who did not want to see Niam in the change room anymore, and who threatened to call the police, the Granite Club imposed that Niam Jain was banned from using the washrooms without a caregiver present, the “Caregiver Requirement”. The situation has unravelled years of work on Niams independence and confidence, but we are hopeful that this win affirms the importance of accommodating people with different abilities through all layers of our society.
The Granite Club argued that the Caregiver Requirement was to protect Niam from other members. As a family, we felt that members should be educated, and, that simple signage, and other simple accommodations would be sufficient. The Granite Club argued that there was a degree of risk and, that they could not control member tolerances. As a family, we felt that bending down to those who are intolerant is not solving the situation but perpetuating and justifying discrimination.
The win and decision by the Human Rights Tribunal attests to the need for organizations to be educated about disability related measures required and to do their part to be inclusive while mitigating biases at every touch point. Niam was awarded his own 3 foot bench with signage to change and use instead of a locker. Niam was unable to access his locker as he has trouble with fine motor skills and opening a rotary lock.
Private organizations, no matter how prestigious, are not exempt from the duty to provide basic human rights via necessary accommodations for people like Niam. The Human Rights Judge ordered all staff to be educated with Human Rights training including senior management and the Board. What struck us is that many Board Members worked in Senior Management in top companies and law firms in Toronto, and, by the very nature of their job would be implementing inclusivity, training and diversity policies, yet they parked their views when they entered the private Granite Club.
As a result of this decision, we hope for increased education around stimming, and also more tolerance for non-conforming adults within organizations and in general. This decision is not only important for the Autism world, but for many others who may have any outward indicators far beyond the Autism World.
Our experience as a family is there is more empathy and understanding when children display the symptoms of autism, but it is misunderstood when adults do the same. Society has a certain expectation when it comes to adults, people forget that when children who have autism grow up, they grow up into adults with Autism.
We were touched by the outpouring of love. This story has been covered extensively in the community – Toronto Star, CTV, amongst many other prominent media outlets and also prompted a response from Autism Ontario and Autism Speaks.
To Read more about the case, the full transcript is available online.
Autism Speaks Canada
“Autism Speaks Canada is pleased with the decision of the tribunal. With better understanding and acceptance of people with autism, we can foster inclusive communities where autistic people and their families can reach their full potential,” says Jill Farber, Executive Director at
Autism Speaks Canada.
“We welcome the opportunity to work with community center’s across Canada in building safe and inclusive environments for their autistic members.
Autism Canada
“This incident is another in a series of recent examples of autistic people experiencing discrimination and underscores the importance of awareness and acceptance-based advocacy and education. Autism Canada recognizes that these efforts have been occurring for many years and continues to advocate through its Family Support and Autism Literacy program
