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Legislation

Legal Framework

The provision of academic accommodations is a federally and provincially legislated requirement, accommodations although can be flexible and adapted based on reasonable considerations, they are not optional and must be provided.

Each provincial government as well as the territories and the federal government administer their own human rights legislation. In Alberta, the Human Rights Act, Section 4, states:

"No person shall

(a) deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or

(b) discriminate against any person or class of persons with respect to any goods, services, accommodation or facilities that are customarily available to the public, because of the race, religious beliefs, colour, gender, physical disability, mental disability, ancestry, place of origin, marital status, source of income or family status of that person or class of persons or any other person or class of persons." Sexual orientation has also been "read in" to the Act.

Undue Hardship

The Supreme Court of Canada has deemed that accommodation must be provided to the point of undue hardship. In order to meet a standard of undue hardship, the reason for declining the accommodation must be reasonable and justifiable. The standard of undue hardship is extremely high, and in nearly all cases some level of accommodation must be met.

For more information please visit the Duty to Accommodate Bulletin

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