The concept of mitigation plans came into play after the Supreme Court of Canada decision in 2005, called Hilewitz and De Jong, in which the two individual applicants wanted to present evidence of how they could mitigate the cost of special education, in one example.
The Supreme Court of Canada said that we as a department need to listen to what those plans are, and understand them and evaluate them. It was after that we put the mitigation plan concept into effect in response to the Supreme Court's decision.