Tarek Fatah is wrong to suggest I or anyone else “forced” Toronto Police to allow Khalsa Sikhs to wear kirpans in courtrooms. Acting Deputy Chief Jeff McGuire said the police were “pleased to have worked cooperatively to arrive at a procedure which recognizes the needs and rights of the Sikh community and the obligation to provide a safe, secure and accessible courthouse environment."
duty to accommodate
2012 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination based on various grounds. The Code recognizes the dignity and worth of every person in Ontario, in employment, housing, facilities and services, contracts, and membership in unions, trade or vocational associations. The Code protects you from discrimination in these areas based on your family status.
2012 - The Ontario Human Rights Code (the Code) is a law that provides for equal rights and opportunities and recognizes the dignity and worth of every person in Ontario. The Code makes it against the law to discriminate against someone or to harass them because of sex, including pregnancy and breastfeeding.
Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment in a way that is responsive to their own unique circumstances. The principle of accommodation involves three factors: dignity, individualization and inclusion.
Education is a “service” under the Code
Under the Code, every student with a disability is entitled to accommodation up to the point of undue hardship. The Code sets out only three elements that may be considered in assessing whether an accommodation would cause undue hardship:
It is the OHRC’s position that the duty to accommodate requires that the most appropriate accommodation be determined and then undertaken, short of undue hardship. The most appropriate accommodation is one that most respects the dignity of the student with a disability, meets individual needs, best promotes inclusion and full participation, and maximizes confidentiality.
Often, a number of parties might be involved in the accommodation process rendering it quite complex. Everyone should co-operatively engage in the process, share information and avail themselves of potential accommodation solutions. It is in everyone’s best interests that congenial and respectful relationships be maintained throughout the accommodation process.
The student with a disability (or his or her parent/guardian) has a responsibility to:
The principles of respect for dignity, individualization, inclusion and full participation apply both to the substance of an accommodation and to the accommodation process. The manner in which an accommodation is provided and the methods by which it is implemented are subject to human rights standards.