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This document has legal information up to date as of June 1, 2013. None of the information in this document should be taken to be legal advice. These materials are the exclusive property of Éducaloi. Teachers in Quebec schools can use them, but for non-commercial purposes only. The materials must be used in their original form, without modification. © 2013

Éducaloi’s Mission

Éducaloi is a non-profit organization that explains the law to Quebecers in language that is easy to understand.

Plain language

for citizens

REASONABLE ACCOMMODATION

Today’s Agenda

MULTANI V. COMMISSION SCOLAIRE MARGUERITE-BOURGEOYSCOMMISSION DES DROITS DE LA PERSONNE V. COLLÈGE NOTRE-DAME

The Canadian and Quebec Charters

The Right to Equalityand Freedom from

Discrimination

Two Decisions of the Supreme Court of Canada

Reasonable Accommodation

Canadian and Quebec Charters

Can you name the rights and freedoms protected by the charters?

It is a document describing the main rights and freedoms society gives

all people.

What is a charter?

Canadian and Quebec Charters

The right to life, freedom and security

Freedom of expression

Freedom of religion

Right to equality

Right to an education

The right of children to be protected and taken care of by

parents

The right of of a young person who commits a crime to be held in an

age-appropriate facility

Rights and Freedoms

The Canadian and Quebec Charters

Who must respect the Canadian Charter?

The Quebec Government

The Canadian Government

Laws

Decisions

Actions of government representatives

E.g., government departments, municipalities, public schools, municipal

and provincial police

E.g., government departments, police officers of the RCMP

Canadian and Quebec Charters Who must respect the Quebec Charter?

Laws

Decisions

Actions of their representatives

Actions

Quebec Government

Organizations

Individuals

E.g., private companies, private schools

E.g., government departments, municipalities, public schools, the provincial police

The Right to Equality and Freedom from Discrimination

Right to Equality

Everyone is entitled to the same rights and access to the same services.

The right to be free from discrimination flows from the right to equality.

The Right to Equality and Freedom from DiscriminationDiscrimination

Preventing someone from enjoying the same rights and having access to the same services as other people…

on the basis of a personal characteristic recognized in the charters:

• religion• physical or mental disability• race or ethnic or national origins• etc.

Can you name the personal characteristics

mentioned in the charters?

social status (e.g. being unemployed)

sexual orientation

political beliefs

gender

disability

language

race

pregnancy

skin colour

civil status (e.g., being singles or married)

religion

age (except when the law allows)

The Right to Equality and Freedom from Discrimination

Some prohibited grounds of discrimination:

Direct Discrimination

A rule is specifically aimed at certain people.

E.g., “Blacks cannot attend this school.”

This rule is directly discriminatory because it prevents some people, on the basis of race, from attending a public school like everyone else.

The rule is not valid.

This is discrimination prohibited by the charters

InDirect Discrimination

The Right to Equality and Freedom from Discrimination

A rule looks like it is general and aimed at everyone, but in reality it prevents certain people from exercising their fundamental rights.

E.g., “No animals allowed in the school.”

This rule indirectly prevents blind students who use seeing-eye dogs from attending the school like other students.

The rule is valid

BUT

an exception - called an “accommodation”- should be made.

Reasonable Accommodation

Definition

Reasonable accommodation is an exception granted to someone so that he or she can exercise the same rights and have access to the same services as other people.

Conditions for Granting Accommodation

The person was a victim of discrimination.

The person asks for an accommodation.

The accommodation measure is reasonable.

Reasonable Accommodation

Reasonable Accommodation

When it does not cause undue hardship.

This means that the accommodation meets these criteria:

It respects the organization’s financial and other resources.

It does not interfere with the organization’s operations.

It does not violate the rights or jeopardize the safety of other people.

When is accommodation reasonable?

Reasonable Accommodation

The right to equality doesn’t mean that everyone has to be treated exactly the

same way. 

Take note!

Court Decisions

MULTANI V. COMMISSION SCOLAIRE MARGUERITE-BOURGEOYS

COMMISSION DES DROITS DE LA PERSONNE V. COLLÈGE NOTRE-DAME

WAS THERE DISCRIMINATION? There was no direct discrimination. But there was indirect discrimination. 

• The rule in the school’s code of conduct is valid.• BUT it prevented Gurbaj, because of his religion, from having

access to the same services as everyone else.

IS ACCOMMODATION POSSIBLE? YES. There was no infringement on the rights and safety of others. There was no undue hardship on the school.   

STUDENTS SHOULD THEREFORE BE ABLE TO WEAR A KIRPAN TO SCHOOL, UNDER CERTAIN CONDITIONS.

Multani v. Commission scolaire Marguerite-Bourgeoys

Decision

Gurbaj’s father asked a court to order reasonable accommodation so his son could wear his metal kirpan to school.

Multani v. Commission scolaire Marguerite-Bourgeoys

Questions to Consider:Could this decision apply to other religious practices?

Should all religious symbols be banned in schools?

What do you think the level of security should be in your school?

Total security (no scissors, compasses or hockey sticks) or a reasonable level of security?

Would the decision have been the same in a place where there is a lower tolerance for risk, such as airports?

WAS THERE DISCRIMINATION? YES The college’s main purpose is to give its students an academic

education, not to turn them into athletes. Maud was physically capable of meeting the standards of the

college’s academic program.

IS ACCOMMODATION POSSIBLE? YES. There was no infringement on the rights and security of others. There was no undue hardship for the school.  

THE COLLEGE SHOULD HAVE ADMITTED MAUD AND PUT INTO PLACE ACCOMMODATION MEASURES.

Commission des droits de la personne v. Collège Notre-Dame

Decision

Maud contested the decision of Collège Notre-Dame refusing her admission on the basis of her reduced mobility.  

Commission des droits de la personne v. Collège Notre-Dame

Questions to Consider:The college did not offer to adapt its academic program or its facilities for Maud. But what about students who are temporarily injured or ill? Should the school adopt special measures for them?

If a school has a sports-studies program, whose main goal is to train high-level athletes, should it be allowed to have an admissions policy that excludes students with physical disabilities?

 According to the court, it was possible for the college to adopt accommodation measures to help Maud get around and participate in activities. What do you think those measures would be?

In your opinion, would this decision also apply to students with mental disabilities?

THE END