© 2012. This presentation is the exclusive property of Éducaloi. Teachers in Québec schools may use it for non-commercial educational purposes only. The documents must be used in their original form, without modification. Note that the law is constantly evolving. This document is up to date as of February 1, 2012.

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NEUTRALITÉ

What is Éducaloi?

COLLABORATION

MISSION

Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and responsibilities by providing high-quality legal information in everyday language.

www.educaloi.qc.ca

REASONABLE ACCOMMODATION

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

TODAY’S AGENDA

The Canadian and Quebec Charters

The Right to Equalityand Freedom from

Discrimination

Reasonable Accommodation

Two Decisions of the Supreme Court of Canada:

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

THE CANADIAN AND QUEBEC CHARTERS

It is a document describing the main rights and freedoms that

society gives all people.

What is a charter?

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

THE CANADIAN AND QUEBEC CHARTERS

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, the provincial police, etc.

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

12 avril 2023

THE CANADIAN AND QUEBEC CHARTERS

Who must respect the Quebec Charter?

Quebec government

Organizations

Individuals Actions

Laws

Decisions

Actions of their representatives

E.g., businesses, non-governmental organizations

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 and access to the same services.

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

THE RIGHT TO EQUALITY AND FREEDOM FROM DISCRIMINATION

Right to Equality

Not respectingthe right to equality

by: On the basis of a personal characteristic recognized in the charters:

• Religion• Disability• Ethnic or national origins• Etc.

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

que les autres.

Can you name the personal characteristics mentioned in the charters?

THE RIGHT TO EQUALITY AND FREEDOM FROM DISCRIMINATION

Some prohibited forms of discrimination:

• Race

• Skin colour

• Religion

• Gender• Age (except as permitted

by law)

• Pregnancy

• Sexual orientation • Civil status

(married, not married)• Political beliefs

• Language

• Social status

• Disability

THE RIGHT TO EQUALITY AND FREEDOM FROM DISCRIMINATION

Direct Discrimination Indirect Discrimination

A rule is specifically aimed at certain people.

E.g., “Blacks cannot attend this school.” This rule Is directly discriminatory because it is aimed at a specific group of people and prevents them from attending that public school like anyone else.

A rule looks like it is general and aimedat everyone, but in reality it preventscertain 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 that school like other students.

• Rule is invalid

• Prohibited by the charters

•Rule is validBUT

• An exception should be made.

Definition

REASONABLE ACCOMMODATION

Reasonable accommodation is an exception granted to aperson so that he or she can exercise the same rights and have access

to the same services as other people, despite that person’s disability, religion, etc.

Conditions for Granting Accommodation

1. The person must ask for it.

2. The person was discriminated against.

3. The accommodation measure is reasonable.

REASONABLE ACCOMMODATION

When is accommodation reasonable?

When it does not cause undue hardship. This means that it

• respects the organization’s financial and other resources and does not interfere with its operations, and

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

Go to decision

REASONABLE ACCOMMODATION

Accommodation is made in favour of a specific person, in light of his or her particular situation.

Reasonable accommodation does not apply automatically to every person who shares the same personal

characteristic.

It must be specifically requested.

REASONABLE ACCOMMODATION

Take note!

MULTANI V. COMMISSION SCOLAIRE MARGUERITE-BOURGEOYS

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

SUPREME COURT OF CANADADECISIONS

1. WAS THERE DISCRIMINATION? There was no direct discrimination.

However, there was indirect discrimination. -The rule in the school’s code of conduct was valid.- BUT it prevented Gurbaj, because of his religion, from having access to the same services as everyone else.

2. IS ACCOMMODATION POSSIBLE? YES.

-There was no infringement of the rights and safety of others.- There was no undue hardship on the school.

GURBAJ WAS THEREFORE ALLOWED TO WEAR HIS KIRPAN TO SCHOOL UNDER CERTAIN CONDITIONS.

DECISION

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

Click for a reminder

MULTANI V. COMMISSION SCOLAIRE MARGUERITE-BOURGEOYS

1. Could this decision apply to other religious practices?

2. Should all religious symbols be banned in schools?

3. 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?

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

MULTANI V. COMMISSION SCOLAIRE MARGUERITE-BOURGEOYS

QUESTIONS TO CONSIDER:

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

1. 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 objectives of the college’s academic program.

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

THE COLLEGE MUST ADMIT MAUD AND PUT INTO PLACE ACCOMMODATION MEASURES.

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

DECISION

1. 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?

2. Should the college be allowed to set an admissions policy excluding students with physical disabilities if it has a sports-studies program, whose main goal is to train high-level athletes?

3. According to the court, is 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?

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

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

QUESTIONS TO CONSIDER:

THE END