Reasonable Overview of Accommodation...instructions for the optional essay exercise Preparation Read...

P. 1 Reasonable Accommodation - Teacher’s Guide

Reasonable Accommodation

Introduction This educational activity introduces students to the concept of reasonable accommodation of minorities and differences, and to the work of judges. Learning tools include an introduction to the subject, discussions of two real court decisions, situation simulations, and an optional essay that calls on students to reflect on what they have learned. The activity helps students examine their beliefs and take a position on accommodation practices in Quebec, particularly in schools.

Description & Objectives

In this activity, students learn about these topics: the Canadian and Quebec charters of rights the right to equality and freedom from discrimination reasonable accommodation

At the end of the activity, students will be more familiar with the following: how judges make decisions how to read a case summary how to express their opinions

Suggested Time Two 60-minute periods, not including the optional activity

Suggested Courses

Ethics & Religious Culture English Language Arts History and Citizenship Education Contemporary World

Overview of the Activity


Materials Included

1. background legal information2. two case summaries with discussion questions3. instructions and fact scenarios for the simulation exercise (Your Turn to Judge!)4. instructions for the optional essay exercise

Preparation Read the information in this guide beforehand. Photocopy the Student Guide.

For more legal information, see Educaloi’s website: www.educaloi.qc.ca.

In-Class Procedure

First Period

1. Introduce the subject and objectives of the activity.

2. Distribute the Student Guide.

3. Explain the important ideas in the introduction section (pages 4 to 7 of this guide).

4. Have students read the first case summary individually.

5. With the whole class, summarize the important facts of this case.

6. Divide the students into groups of four or five to work on the discussion questions. (See the box at the end of the first case summary.) Alternatively, you can lead the discussion with the entire class.

7. Repeat steps 4 to 6 for the second case summary.

Second Period

1. Divide the students into groups of four or five for the simulation activity (Your Turn to Judge!)

Additional Resources

See these resources on Éducaloi’s website:

the article called The Laws of Quebec and Canada: www.educaloi.qc.ca/en/capsules/laws-quebec-and-canada

the Rights and Governments section of the website

IMPORTANT NOTICE

This document has legal information up to date as of June 1, 2017. None of the information in this guide should be taken as 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, 2010. (Last Update, 2017.)


Background Materials for Teachers ...............................................................................................................p.4

Introduction to the Canadian and Quebec charters, the right to equality and freedom from discrimination, and to reasonable accommodation

Case Summary and Discussion Questions for Multani v. Commission scolaire

Marguerite-Bourgeoys, Supreme Court of Canada (2006) ......................................................................p. 8

Reasonable accommodation of religious diversity in schools

Case Summary & Discussion Questions for Commission des droits de la personne

v. Collège Notre-Dame, Quebec Court of Appeal (2001) .......................................................................p. 10

Reasonable accommodation of physical disabilities in schools

Final In-Class Exercise: Your Turn to Judge! ............................................................................................ p. 12

Optional Take-Home Exercise: Debriefing Essay .................................................................................... p. 18

Reasonable Accommodation

Teacher’s Guide


Note to Teacher Before students read the two case summaries in this document, they should be familiar with these concepts:

the Canadian Charter of Rights and Freedoms

Quebec’s Charter of Human Rights and Freedoms

the right to equality and freedom from discrimination

reasonable accommodation

The information that follows gives students a brief explanation of these legal concepts.

Additional Teacher ResourcesTo read the Canadian Charter of Rights and Freedoms, visit the Department of Justice Canada website. To read Quebec’s Charter of Human Rights and Freedoms, visit the Publications du Québec website. Introduction to the Canadian and Quebec Charters

What is a charter?

It is a document that contains the main rights and freedoms that apply to all members of society.

Rights and Freedoms: an Overview

Here are a few examples of rights and freedoms protected by both charters:

the right to life, liberty and security

freedom of expression

freedom of religion

the right to equality

The Quebec Charter also protects rights of particular interest to teenagers:

the right to free public education

the right to the protection and attention that their parents are capable of providing

the right for a young person who has committed a crime to be held in a separate, age-appropriate facility

Who must respect the charters?

The Quebec government (e.g., government departments, municipalities, public schools, provincial and municipal police officers) must respect both the Canadian and Quebec charters. For example, these charters apply to

laws created by the Quebec legislature, and

decisions and actions of people in Quebec-government institutions (e.g., the principal of a public school when he searches a student suspected of having drugs).

Background Materials for Teachers


The Canadian government (its government departments, RCMP officers, etc.) must respect the rights and freedoms in the Canadian charter, but not the Quebec charter.

Lastly, all Quebecers and non-government organizations in Quebec (private businesses, private schools, etc.) must respect the Quebec charter in their dealings with each other, but are not bound by the Canadian charter. This is because the Canadian charter only applies to actions of governments.

The Right To Equality And Freedom From DiscriminationThe right to equality is protected by both the Quebec and Canadian charters. This right means that everyone is entitled to the same rights and the same services. The right to be free of discrimination flows from the right to equality.

What is discrimination?

It means not respecting a person’s right to equality. More specifically, it means preventing someone from exercising the same rights or getting the same services as everyone else.

Also, for there to be discrimination under the law, the discrimination must be based on one of the characteristics recognized in the charters, such as the ones listed below:

• religion

• mental or physical disability

• race or ethnic or national origins

• another prohibited ground of discrimination

(For a more complete list of characteristics, see the summary table on page 7.)

Direct and Indirect Discrimination

« No black person can attend this school. ».

An admission policy like this is directly discriminatory: it prevents a specific group, on the basis of race, from attending a public school like everyone else. As a general rule, both charters prohibit direct discrimination. In these situations, the issue of creating an exception - an accommodation measure - does not arise, since the policy itself is not valid.

Additional Teacher Resources

To find out more about discrimination, visit the Rights and Governments section of

Éducaloi’s website.


Reasonable AccommodationReasonable Accommodation: Who? Why? When?

The notion of reasonable accommodation flows from the right to equality and freedom from discrimination. It involves making an exception for someone so that he or she can enjoy the same rights and have access to the same services as everyone else.

An accommodation measure is usually granted in these cases:

1. Someone was discriminated against.

2. This person requests it.

3. The accommodation requested will not create undue hardship for the institution that has to grant the accommodation. Among other things, this means that the accommodation

is feasible given the financial and other resources of this institution,

will not disrupt the proper functioning of the institution, and

does not interfere with the rights and safety of others.

In other words, it is reasonable!

Important!

The right to equality does not mean that everyone must be treated exactly the same way! It could happen that treating everyone in a similar way results in discrimination toward someone who has 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.

Additional Teacher Resources

For more information on reasonable accommodation, visit the website of the Commission des droits de la personne et des droits de la jeunesse (human rights commission): www.cdpdj.qc.ca

What is discrimination?

Refer to this section on page 5 : The Right to

Equality and Freedom from Discrimination


Charter Who Must Respect It Grounds of Discrimination

• Quebec government (e.g., government departments, municipalities, public schools, municipal and provincial police officers)

• businesses, non- governmental organizations (e.g., private companies, private schools)

• citizens

• race• ethnic or national origins skin colour• religion• sex• gender identity or expression • age, unless permitted by law (e.g., prohibition

against selling alcohol or cigarettes to people under 18)

• pregnancy• sexual orientation• civil status (e.g., being single or married)• political beliefs language• social status (e.g., being unemployed)• disability (e.g., being blind)• use of a an aid to cope with a disability (e.g., a

blind person using a seeing-eye dog in a place where animals are normally not allowed)

• Quebec government (see above)

• Canadian government (e.g., government departments, RCMP police officers)

• race• national or ethnic origin colour of skin• religion sex• age• mental or physical disability• any other similar characteristic (e.g., the courts

have added sexual orientation to this list)

Can

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Q

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cSummary Table: Canadian and Quebec Charters

NOTE The concepts of discrimination and reasonable accommodation only come into play when an inequality is created because of personal characteristics protected by the charters. For example, food preferences or how a person dresses are not part of these personal characteristics. So, a vegetarian student is not considered discriminated against because the cafeteria serves only meat on Wednesdays. She will not be able to request an accommodation measure. However, if the student alleges discrimination on religious or medical grounds, that’s another story....


Note to Teacher This case summary and suggested discussion questions will help students do the following:

1. understand accommodation practices in relation to freedom of religion2. learn about the reasoning of judges in accommodation requests3. express their opinions about the level of safety they expect in school

Multani v. Commission Scolaire Bourgeoys, 2006, Supreme Court of Canada THE FACTS Gurbaj, an orthodox Sikh, was a high school student. He sincerely believed his religion required him to wear a kirpan at all times, even at school. His kirpan was hidden under his clothes and was not visible. But one day, he accidentally dropped it in the schoolyard.

After that incident, the principal prohibited Gurbaj from wearing his kirpan to school. Why? Because the school’s code of conduct prohibited carrying weapons and dangerous objects in school. The school board, like the principal, denied Gurbaj the right to wear his real kirpan in school. However, the board suggested that he wear a symbolic kirpan that would not pose a danger, such as a plastic kirpan.

Gurbaj’s father disagreed with the school board’s recommendation and thought it violated his son’s right to freedom of religion. Gurbaj’s father therefore asked a court to grant his request for reasonable accommodation so that his son could wear his real metal kirpan to school in a sealed case and sewn inside his clothes.

THE DECISIONThe court said that the rule in the school’s code of conduct banning weapons was entirely valid because it applied equally to everyone, and was aimed at student safety. However, that same rule prevented Gurbaj from having access to the same services as other students. Why? Because Gurbaj sincerely believed that he could not attend school if he was not wearing his metal kirpan in keeping with his religion. According to the court, the rule amounted to indirect discrimination that could be corrected by an accommodation measure.

After looking at all the facts, the court ruled that Gurbaj could be reasonably accommodated in a way that would not create undue hardship for the school. Gurbaj’s religious practice did not interfere with anybody else’s rights or safety, for these reasons:

• Not a single case of violence related to the kirpan had ever been reported in any school.

• The purpose of the rule was to ensure reasonable safety in school, not absolute safety.

• Allowing Gurbaj to wear his real metal kirpan subject to specific conditions would ensure a reasonable level of safety in the school.

Multani v. Commission scolaire Marguerite-Bourgeoys, 2006, SCC

What is a kirpan?

It is a religious object that looks like a dagger.


The court ruled in favour of Gurbaj. It cancelled the school board’s decision and allowed Gurbaj, as reasonable accommodation, to wear his real kirpan to school, subject to specific conditions (e.g., the kirpan had to be inserted in a wooden case and sewn securely inside his clothes).

Discussion Questions on the Multani Decision1. Could this decision apply to other religious practices?

2. Should all religious symbols be banned in schools?

3. In your opinion, what is a desirable level of safety in your school: absolute safety (banning scissors, compasses, hockey sticks and other similar objects) or reasonable safety?

4. Would the decision be the same if the case involved places where there is no tolerance for risk, such as airports?

Note to Teacher Using the discussion questions, encourage your students to do the following:

explore whether the court’s decision reflects the students’ values

consider the importance of promoting values such as tolerance, multiculturalism and diversity

Multani v. Commission scolaire Marguerite-Bourgeoys, 2006, SCC


Commission des droits de la personne v. Collège Notre-Dame, 2001, Quebec Court of Appeal

THE FACTS Maud Angrignon was 11 years old. She had a disability that affected mobility in her legs. Despite this, she could walk unassisted and even participate in some sports, such as swimming and skiing.

Maud was preparing to go to high school. Like her friends, she dreamed about attending Collège Notre-Dame. This school places great emphasis on physical activity. For example, the program requires students to do one hour of physical activity per day.

Maud went to the “open house” day held by Collège Notre-Dame and took the admission tests (e.g., French and math) and passed them. But she did not get in. The college decided that her disability prevented her from getting around the school and from taking the mandatory physical education course.

Maud felt she had been discriminated against on the basis of her disability. It should be noted that the college did not even consider adapting its teaching program or the school’s facilities to meet her special needs. She challenged Collège Notre-Dame’s decision in court.

THE DECISIONThe court acknowledged that Collège Notre-Dame places special importance on the physical development of its students (e.g., mandatory physical education for all students). It found that, while this is a good initiative, it is not a reason for a school to exclude students with disabilities. The court stated that this was not a sports-study program and that the college’s primary objective was to provide academic training to its students, not turn them into athletes

The court ruled that Maud had been discriminated against. The college’s refusal to admit her because of her physical disability prevented her from attending the school like other students and therefore amounted to discrimination.

According to the court, every student’s physical abilities must be assessed on an individual basis. The college must also consider making exceptions and special accommodations based on a student’s physical disability, if the accommodations do not create undue hardship.

In the court’s opinion, Maud’s physical abilities allowed her to meet the objectives of the college’s teaching program. Furthermore, accommodating Maud would not create undue hardship for the college. The court took into account that the physical changes to the school building to accommodate her would not be costly. The college should have admitted Maud and made certain accommodations (e.g., allow her to use the elevator) so that she could get around the school easily and take the physical education course.

CDPDJ v. Collège Notre-Dame, 2001, Quebec Court of Appeal

Note to TeacherThis case summary and the suggested discussion questions will help students understand that the practice of reasonable accommodation applies in many situations of discrimination, not only in cases of religious beliefs.


Discussion Questions on the Collège Notre-Dame Decision

1. The college did not initially suggest to Maud that it could make adjustments in its teaching program or adapt its facilities to meet her special needs. What about a student who is temporarily disabled because of an injury or illness? Should the school take any special measures for them?

2. In your opinion, if the case involved a sports-study program whose primary goal was to train high-level athletes, would the college have been entitled to establish an admissions policy excluding a student with a physical disability?

3. According to the court, the college could reasonably make certain accommodations to help Maud get around and take part in her regular activities. Can you think of a few measures?

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

CDPDJ v. Collège Notre-Dame, 2001, Quebec Court of Appeal


Note to Teacher In this final activity, students are called on to do the following:

review the criteria used in reasonable accommodation decisions

express their opinions on balancing the personal rights and freedoms of all members of society

consider how reasonable accommodation might apply in various situations

Your Turn To Judge! I. IntroductionThe students have become familiar with reasonable accommodation practices. Now it’s time to move from theory to practice! Using an evaluation grid, the students will be asked to decide various accommodation requests. They will have to answer the following difficult question: is the accommodation requested reasonable? If you put them in the judge’s seat, how will they decide?

II. Running the ActivityPhotocopy and cut out the situation scenarios (pages 15 et 16).

Divide the students into groups of five.

Assign a number to each student for the situation scenario. Each number corresponds to a role:

a. No. 1 plays the person requesting the accommodation.

b. No. 2 plays the school principal.

c. No. 3 plays the parents’ committee spokesperson.

d. No. 4 plays the judge.

e. No. 5 plays the journalist

Ask the students to use the Student Guide (the Analytical Notes or the Journalist’s Info-Sheet, depending on their roles).

Assign a situation scenario to each group and ask students to read it with their Analytical Notes in hand.

Exercise


Step 1: Discussion (15 minutes)

After they have read the situation scenario, the following three characters take part in the discussion:

1. the person requesting the accommodation

2. the school principal

3. the parents’ committee spokesperson

Each student has two minutes to express his or her needs and concerns regarding the accommodation request.

The journalist and the judge are not directly involved in the discussion, but they should take notes so they can play their parts later on.

Note to TeacherIn this discussion, remind your students to take into account these factors:

human rights and freedoms societal values (tolerance, diversity, etc.)

practical constraints

other relevant factors

Step 2: Is the accommodation requested reasonable? (25 minutes)

The case comes before the court. The judge is asked to decide the request.

The following three characters take part in the debate:

1. the person making the accommodation request

2. the school principal

3. the judge

Based on his or her Analytical Notes, the person who made the accommodation request has one minute to explain why the request is well-founded. Similarly, the school principal has one minute to give his or her point of view about whether the accommodation requested is reasonable or unreasonable.

The judge either grants or refuses the accommodation request, based on the Analytical Notes.

While observing the discussion, the journalist writes his or her comments based on the Journalist’s Info-Sheet.

Step 3: Each journalist has two minutes to present the situation scenario and explain the judge’s ruling to the rest of the class (20 minutes)

Step 4: Optional Educational Activity: Debriefing Essay (See page 18.)


Analytical Notes

Identify the rule or practice concerned:

Identify the reasonable accommodation requested:

YES NO

1. Has the person making the accommodation request been discriminated against?

a. Does the rule or practice prevent the person from exercising the same rights or getting the same services as others?

c c

b. If yes, is the person disadvantaged on the basis of one of the personal characteristics listed in the charters? (See the table on page 7 listing the characteristics.)

c c

2. Is the accommodation requested reasonable?

a. Does the accommodation respect the rights of others (right to safety, freedom, etc.)?

c c

b. Is the accommodation in keeping with the school’s financial and other resources?

c c

c. Does the accommodation disrupt the proper functioning of the school?

c c

If you answered YES to all these questions, you are in a situation of discrimination that can be corrected by granting reasonable accommodation!

The Judge’s Decision:

Name:

Group:


Situation ScenariosCOSTAS

Costas is 14. Recently, he was in a serious car accident and was left a paraplegic, which means that both his legs are paralyzed. He can only get around in a wheelchair.

After a long convalescence, Costas is getting ready to go back to his local high school. He is excited to see all his friends and to finish Grade 10. However, he realizes that he can’t get into the school on his own. Access to the school is impossible because of all the stairs. Accommodation Requested: Costas is requesting than an access ramp to be installed at the school entrance.

SARAHThe school cafeteria has decided to put only one dish on the menu every Wednesday in December: pig’s feet stew. Many of the students don’t eat pork. Sarah, who is Muslim, is one of those students. Therefore, Sarah can’t use the cafeteria services on any Wednesday in December.

Accommodation Requested: Sarah is asking that a second meal choice be offered in the cafeteria on Wednesdays in December.

SASHASasha, who is 13 years old, lived in Russia until recently. His situation changed drastically when his father was transferred to Quebec in June because of his job. Sasha and his entire family moved to Quebec. He suffered serious culture shock, especially because he can’t speak a word of French!

Sasha enrolled in a Francization program at his local high school. He is learning to read, speak and write in a special French class for non-French speakers, but is taking regular math, physical education and plastic arts classes in Secondary One.

The first math exam is coming up! Sasha is very stressed out about it. He has not learned much French and is afraid he won’t have enough time to answer all the questions in only an hour.

Accommodation Requested: Sasha is asking for an extra half-hour to write the exam.

Cut Out


Situation ScenariosJESSIE

Jessie is diabetic. Because of her disease (considered a disability), she must always keep syringes for insu-lin injections in her locker. Her life could depend on it.

Jessie was recently given a warning by a school monitor. When he saw the syringes, he reminded her of the rule in the code of conduct prohibiting syringes in school.

Accommodation Requested: Jessie requests permission to keep injection syringes in her locker.

SAMIASamia, a student in Grade 11, is a practicing Muslim. According to her religion, Samia sincerely believes that she must wear a hijab whenever she leaves her house. A hijab is the traditional headscarf worn by some Muslim women

Samia has just been expelled from school for refusing to remove her headscarf. The school principal based her decision on the new dress code in the school’s code of conduct. This dress code prohibits any head coverings in the school.

Accommodation Requested: Samia requests an exception to the dress code so that she can wear her hijab to school.

NAOKONaoko has a mild learning disability. Despite this, he is able to follow the regular elementary school program because he receives special coaching.

Naoko is now 11. Today, he applied to his neighbourhood high school. But without even having his abilities evaluated, he got a letter from the school saying that he would not be accepted.

Accommodation Requested: Naoko and his parents have challenged the refusal. They want Naoko integrated into a regular class, but with special educational services to help him succeed.

Cut Out


Journalist’s Info-Sheet A student has requested reasonable accommodation from the principal of your school. That news has everybody talking! As a journalist on your school’s student radio, you are sent to the scene to gather perti- nent information. You have one minute to summarize the situation live.

You can use the following structure to create your report.

Introductory Sentence

Start with a short sentence about the subject of the report. The goal? To grab the attention of your audience!

Explanation Answer these questions: who? what? when? where? why? how?

Additional Information

In this section, the journalist can mention similar events or draw the reader’s attention to larger issues.

Conclusion Finish with a short description of the journalist: name, role and radio station. (e.g., this was Sym Schacter, journalist for COOL 90.2 FM)

Available in the Student Guide


Take-Home Debriefing Essay On Reasonable Accommodation

Students write a one to two-page personal reflection on reasonable accommodation.

Note to Teacher This optional exercise gets students to express their views on reasonable accommodation (pros and cons) in our society.

In this writing exercise, encourage your students to think about these questions:

Did your perception of reasonable accommodation change by the end of this activity?

Do you think that reasonable accommodation practices play a useful role in our society? Why?

The media generally report on reasonable accommodation in a religious context. However, reasonable accommodation can address many different situations (e.g., disability, ethnic origin). Do you think that most people know this?

A request for accommodation will be granted only if it does not create undue hardship. Is this test a good one? Should there be other tests?

Optional Exercise

Reasonable Overview of Accommodation...instructions for the optional essay exercise Preparation Read...

Documents

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