1. Éducaloi: Your starting point for citizenship education!
Preparing the citizens of tomorrow
Éducaloi: Your starting point for citizenship education!
This document has legal information up to date as of July 1, 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. © Éducaloi, (Last Update, 2017.)

2. Plain language for citizens
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

6. reasonable accommodation

7. Supreme Court of Canada
Today’s Agenda
The Right to Equality
and Freedom from
Discrimination
The Canadian and
Quebec Charters
Reasonable
Accommodation
Multani v. Commission scolaire Marguerite-Bourgeoys
Two Decisions of the
Supreme Court of Canada
Commission des droits de la personne v. Collège Notre-Dame

8. Canadian and Quebec Charters
What is a charter?
It is a document describing the main rights and freedoms society gives all people.
Can you name the rights and freedoms protected by the charters?

9. Canadian and Quebec Charters
Rights and Freedoms
Right to an education
Freedom of religion
The right to life, freedom and security
Freedom of expression
Right to equality
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

10. The Canadian and Quebec Charters
Who must respect the Canadian Charter?
The Quebec Government
Laws
Decisions
Actions of government representatives
E.g., government departments, municipalities, public schools, municipal and provincial police
The Canadian Government
E.g., government departments, police officers of the RCMP

11. Canadian and Quebec Charters
Who must respect the Quebec Charter?
Laws Decisions Actions of their representatives Actions
Quebec Government
E.g., government departments, municipalities, public schools, the provincial police
Organizations
E.g., private companies, private schools
Individuals

12. The Right to Equality and Freedom from Discrimination
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.

13. The Right to Equality and Freedom from Discrimination
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?

14. The Right to Equality and Freedom from Discrimination
Some prohibited grounds of discrimination:
social status (e.g. being unemployed)
language
race
sexual orientation
pregnancy
political beliefs
skin colour
gender
civil status (e.g., being singles or married)
gender identity or expression
religion
disability
age (except when the law allows)

15. The Right to Equality and Freedom from Discrimination
Direct Discrimination
InDirect 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.
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
Note: A rule that results in indirect discrimination is not automatically invalid: the rule can continue in force if an accommodation measure can be put into place without causing undue hardship to the organization that has to adopt the measure.

16. 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.

17. Reasonable Accommodation
Conditions for Granting Accommodation
The person was a victim of discrimination.
The person asks for an accommodation.
The accommodation measure is reasonable.

18. Reasonable Accommodation
When is accommodation reasonable?
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.

19. Reasonable Accommodation
Take note!
The right to equality doesn’t mean that everyone has to be treated exactly the same way. 
It can happen that treating someone in the same way as other people results in discrimination toward a person with a different personal characteristic. We saw that this is indirect discrimination. To make sure this person can benefit from the same rights and services as everyone else, this person has to be treated differently by putting a reasonable accommodation measure into place.

20. Court Decisions Multani v. Commission scolaire Marguerite-Bourgeoys
Commission des droits de la personne v. Collège Notre-Dame

21. Multani v. Commission scolaire Marguerite-Bourgeoys
Gurbaj’s father asked a court to order reasonable accommodation so his son could wear his metal kirpan to school.
Decision
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.

22. 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?

23. Commission des droits de la personne v. Collège Notre-Dame
Maud contested the decision of Collège Notre-Dame refusing her admission on the basis of her reduced mobility.
Decision
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.

24. 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?

25. THE END