Policy and Procedures for Accommodations for Candidates in the

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THE LAW SOCIETY OF UPPER CANADA CONTACT US
130 QUEEN STREET WEST, TORONTO, ON M5H 2N6 OFFICE OF THE REGISTRAR: REGISTRAR@LSUC.ON.CA
PHONE: 416-947-3315 OR 1-800-668-7380 EXT. 3315 SUPPORT SERVICES: SUPPORTSERVICES@LSUC.ON.CA
FAX: 416-947-3403 SPECIAL NEEDS: SPECIALNEEDS@LSUC.ON.CA
VISIT WWW.LSUC.ON.CA AND CLICK ON LICENSING PROCESS ARTICLING PROGRAM: ARTICLING@LSUC.ON.CA

SUPPORT SERVICES

Policy and Procedures for Accommodations
for Candidates in the Lawyer Licensing Process

Rationale
As the governing body of a profession concerned with justice, The Law Society of Upper Canada (hereinafter “LSUC”)
has both a legal obligation under the Ontario Human Rights Code (hereinafter “the Code”) and a strong public interest in
ensuring that all of its operations reflect principles of equity. In a number of its publications, most recently in its
Bicentennial Report and Recommendations on Equity Issues in the Legal Profession, 1 the LSUC has undertaken measures
to put its commitment to equity into everyday practice.
The Bicentennial Convocation of May 1997 accepted a number of recommendations, including the following:
The LSUC should continue to ensure that the Licensing Process:
1) includes material designed to increase the profession’s understanding of diversity/equity issues;
2) encourages the participation of members of equality-seeking communities in its design, development and
presentation;
3) uses material that is gender neutral;
4) uses audio-visual material that includes the faces and voices of members from equality-seeking communities;
5) is administered so that its demands do not impact disproportionately on the basis of personal characteristics noted in
Rule 5.04.
In doing so, the LSUC has acknowledged that treating people identically is not synonymous with treating them equally.
Substantive equality requires the accommodation of differences that arise from the personal characteristics cited in the
Code. If a rule, requirement or expectation of the Licensing Process creates difficulty for an individual because of factors
related to the personal characteristics listed in the Code, the duty to accommodate arises.
There has been an increasing demand from candidates (clients) to accommodate needs related, for the most part, to
disabilities, pregnancy, religion, language, and parental responsibilities. Past practices for accommodating candidates have
been considered on an ad hoc basis and accommodations are made on an individualized basis. With increasing demands
for special accommodations of varying degree and types, there is now a strong need to identify specific roles and
responsibilities of candidates, and the Licensing Process administration in the provision of such services.

Policy
The Office of the Registrar is committed to ensuring that the requirements of the Licensing Process are directly and
logically connected to the competent practice of law, and further that persons who wish to practise law in Ontario are not
effectively barred from qualifying because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex,
sexual orientation, age, marital status, family status, or disability.
Assessing whether an accommodation is needed and what accommodation may be appropriate is an ongoing obligation of
Support Services. In carrying out its responsibility, the Office of the Registrar must be equipped to respond to the need for
both system-wide accommodation and individualized, short-term or experimental accommodation.

Purpose
The purpose of this policy and the procedures is threefold:
1) to identify the issues that arise in developing accommodation strategies;

1 May 1997 LSUC.

SS05POL 12/2009
P OLICY AND PROCEDURES FOR A CCOMMODATIONS FOR CANDIDATES IN THE LICENSING P ROCESS

2) to set principles and practice guidelines in respect of accommodation;
3) to set out, in written form, the procedures and strategies for accommodation for the Licensing Process that have been
developed over the past years.

Scope
This policy and the procedures will be applicable to all Licensing Process locations, which are presently located in
London, Ottawa, Windsor and Toronto.

Procedures
1.0 Identify Issues that Arise in Developing Accommodation Strategies
1.1 A need for system-wide accommodation, and the nature of accommodation that would be appropriate, is often
obvious and foreseeable, allowing orderly planning, consultation and budgeting processes. An example of this
type of accommodation is making structural changes, such as door-widening, ramps and elevators, to physical
space to accommodate persons with mobility disabilities.
1.2 A need for individualized accommodation can come up at any time, is often unforeseen by the Office of the
Registrar, and may be unforeseeable even by the candidate requiring the accommodation, and may involve ad-
hoc, temporary or experimental strategies. Arriving at an appropriate strategy requires a thorough grounding in
the relevant legal obligations, the ability and willingness to collaborate with the affected candidate(s) and a
readiness to act quickly (since the individual(s) ideally need to finish the Licensing Process in a timely fashion).
1.3 Some types of accommodation have no resource implications. Others can be expensive. Costs can be contained
and unforeseen contingencies minimized as the Office of the Registrar becomes more adept at the identification
of barriers and more knowledgeable concerning accommodation strategies. The Office of the Registrar should
take full advantage of any resources, from available literature to the views of individual candidates and members
of the LSUC, in its planning. Budget planning should be conducted on an ongoing basis. The Office of the
Registrar should maintain detailed written records concerning its annual short, medium and long-term planning
sessions and its experiments in various accommodation strategies, their success or failure, and points to be
learned there from.
1.4 Accommodation will not be provided if it imposes undue hardship on the LSUC. This determination will be
made on a case-by-case basis by the Registrar. If accommodation is refused, the refusal can be brought to the
Director of Professional Development and Competence (see Appeal Procedure - 4.0). Considerations that may
influence this determination include substantial economic hardship on the LSUC, health and safety
considerations, the unavailability of persons with appropriate expertise, a significant adverse impact on learning
opportunities for other candidates, a significant alteration of the fundamental nature of the program or service or
undue disruption of the institution’s program operations.
1.5 The accommodation policy will be operated within the overall mandate of the LSUC to ensure that entrants to
the profession are competent to practise law.

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2.0 Establish Principles and Practice Guidelines in Respect of Accommodations
2.1 The Office of the Registrar will undertake a review of its practices, on a regular basis, to identify barriers that
might affect candidates identified by the personal characteristics listed in the Code.
2.2 Information collected from you, by the Office of the Registrar, is kept strictly confidential and is used solely for
the purpose of providing you with accommodations. Access to this information is restricted to designated staff
working on your behalf and will not be disclosed without your written consent.
2.3 The Office of the Registrar will brief PD&C Counsel, proctors and third party service providers concerning its
policy and procedures, in recognition of their importance to the success of the Licensing Process and to promote
their appropriate responses to candidates' needs.
2.4 The Office of the Registrar will inform all candidates of its accommodation policy, of the information-
collection and planning service, and of the nature of available accommodations. The Office of the Registrar will
encourage candidates to identify personal characteristics that might involve a need for accommodation, and to
bring to the attention of the Office of the Registrar, as soon as possible, barriers that might affect candidates
because of the personal characteristics listed in the policy.
2.5 If a candidate asserts that a requirement or practice operative in the Licensing Process constitutes such a barrier,
the Office of the Registrar will undertake the following procedure, with a view to assessing the need for and the
nature of one or more suitable accommodation strategies:
2.5.1 Unless the link between the perceived barrier, which results from a Licensing Process requirement or
practice, and race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual
orientation, age, marital status, family status, disability is clear to the Registrar (or designated Office of
the Registrar representative), the Registrar will meet with the candidate and undertake any research
necessary to satisfy him- or herself of any such connection. The candidate will be expected to provide
suitable verifiable information concerning the personal characteristic at issue, (e.g., appropriate
documentation and assessment of a disability), if this information is necessary.
2.5.2 The requirement or practice will be examined to determine whether it is "reasonable and bona fide.”
There must be objectively verifiable evidence linking the rule, requirement or expectation with the
essential objectives of the Licensing Process. If the requirement or practice is not imposed in good faith or
is not necessary to the Licensing Process, it will be altered or dispensed with.
2.5.3 If the requirement or practice is imposed in good faith and is strongly and logically connected to an
essential objective of the Licensing Process, the next step is to consider whether the individual who
experiences disadvantage because of the rule can be accommodated.
2.5.4 A number of accommodation strategies may be used to fulfill the Office of the Registrar’s obligations. In
the interest of both prompt attention to the needs of a particular candidate and the need to explore the
utility of various accommodation strategies, an interim or experimental strategy may be implemented.
The Office of the Registrar will consult with the requesting candidate, and consider any suggestion
offered by the requesting candidate, in arriving at a timely individual-based strategy. The Office of the
Registrar may consult more widely in attempting to devise the most suitable strategy for any
accommodation that may be offered more generally, while maintaining confidentiality per paragraph 2.2.
2.5.5 Accommodation will be offered to the point of undue hardship. If the Office of the Registrar asserts that a
requested accommodation imposes undue hardship, it will prepare a written report setting out the nature
of the accommodation refused, and the factors that support its view that undue hardship would ensue. 2

2 The Code states, “undue hardship on the employer or on the service provider will be assessed by considering the cost, outside
sources of funding, if any, and health and safety requirements”. Several factors are therefore excluded from considerations that
are frequently raised by respondents. These are business inconvenience, employee morale, customer preference, and collective
agreements or contracts.

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P OLICY AND PROCEDURES FOR A CCOMMODATIONS FOR CANDIDATES IN THE LICENSING P ROCESS

3.0 Current Assistance Initiatives and Procedures Developed for Special Needs Accommodation to
the Licensing Process
3.1 All requests for accommodation are considered on an individualized basis. In so doing, Support Services
3.1.1 Ensures “fair, equal, and non-discriminatory” access to all components of the Licensing Process.
3.1.2 Coordinates and provides supports that improve the learning environment of candidates, such as case
management, assessment services (when required), access to technical aids and other support built around
candidates and staff.
3.1.3 Seeks to improve the awareness and support of the legal community through consultation and
coordination of professional development activities for internal and external members.
3.1.4 Provides accommodation for candidates who are unable to comply with the conditions or requirements of
the Licensing Process, by adapting the conditions or requirements or by providing ways for the individual
to meet the conditions or requirements.
3.2 Exam Assistance Accommodations (Examples) *
3.2.1 Extended time to complete examinations.
3.2.2 Use of special equipment such as a personal computer.
3.2.3 Use of private rooms.
3.2.4 Examinations in alternative forms such as audio tape, Braille, text to speech.
3.2.5 Use of readers, scribes in the examination setting.
3.2.6 Provide appropriate invigilation through Support Services.
3.3 Tutoring*
3.3.1 Upon request, may provide assistance to candidates who are having difficulty with any examinations.
(Note: Such tutoring may be denied where candidates have not attended or where significant self-study
has not been demonstrated.)
3.3.2 There is no cost to the candidate for the first five hours of tutoring for any course and where financial
difficulty exists further hours can be arranged at no cost to the candidate.
3.4 Candidate Accommodation and Assistance for the Call to the Bar
3.4.1 Provided at the call to the Bar as requested by candidates:
i) accessible seating
ii) mobility assistance
iii) oral and visual interpreters
iv) FM systems
3.4.2 Requests for special services must be made by the candidate at least one month prior to the Call to the
Bar.
3.4.3 May provide financial relief through Law Society’s financial assistance programs to candidates at risk of
delaying their call to the Bar due to outstanding Licensing Process fees.

4.0 Procedure for Requesting an Accommodation or Appeal
4.1 Requests for accommodation, in the majority of cases, are dealt with through Support Services.

* Denotes services offered by Support Services.

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P OLICY AND PROCEDURES FOR A CCOMMODATIONS FOR CANDIDATES IN THE LICENSING P ROCESS

4.2 A request for accommodation must be made in sufficient detail, and be accompanied by appropriate verifiable
documentation, to ensure that Support Services has all the information it requires to determine the best
accommodation.
4.3 If the accommodation cannot be made or is unsatisfactory, the candidate may:
4.3.1 Discuss the request with the Associate Registrar.
4.3.2 If unresolved, discuss the request with the Registrar.
4.3.3 If unresolved, file an appeal with the Director of Professional Development and Competence.
4.4 The decision on an appeal by the Director of Professional Development and Competence is final.

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P OLICY AND PROCEDURES FOR A CCOMMODATIONS FOR CANDIDATES IN THE LICENSING P ROCESS

Appendix 1
Human Rights Code
R.S.O. 1990, CHAPTER H.19

PART I (b) a condition of mental impairment or a developmental
FREEDOM FROM DISCRIMINATION disability,
(c) a learning disability, or a dysfunction in one or more
Services of the processes involved in understanding or using
1. Every person has a right to equal treatment with respect to symbols or spoken language,
services, goods and facilities, without discrimination because of (d) a mental disorder, or
race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, age, marital status, family status (e) an injury or disability for which benefits were
or disability. R.S.O. 1990, c. H.19, s. 1; 1999, c. 6, s. 28 (1); claimed or received under the insurance plan
2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (1). established under the Workplace Safety and
Insurance Act, 1997; (“handicap”)
…
“equal” means subject to all requirements, qualifications and
Vocational associations considerations that are not a prohibited ground of
discrimination; (“égal”)
6. Every person has a right to equal treatment with respect to
membership in any trade union, trade or occupational “family status” means the status of being in a parent and child
association or self-governing profession without discrimination relationship; (“état familial”)
because of race, ancestry, place of origin, colour, ethnic origin, “group insurance” means insurance whereby the lives or well-
citizenship, creed, sex, sexual orientation, age, marital status, being or the lives and well-being of a number of persons are
family status or disability. R.S.O. 1990, c. H.19, s. 6; 1999, c. 6, insured severally under a single contract between an insurer and
s. 28 (7); 2001, c. 32, s. 27 (1); 2005, c. 5, s. 32 (7). an association or an employer or other person; (“assurance-
… groupe”)
“harassment” means engaging in a course of vexatious comment
Infringement prohibited or conduct that is known or ought reasonably to be known to be
9. No person shall infringe or do, directly or indirectly, unwelcome; (“harcèlement”)
anything that infringes a right under this Part. R.S.O. 1990, c. “marital status” means the status of being married, single,
H.19, s. 9. widowed, divorced or separated and includes the status of living
with a person in a conjugal relationship outside marriage; (“état
PART II matrimonial”)
INTERPRETATION AND APPLICATION
“record of offences” means a conviction for,
Definitions re: Parts I and II (a) an offence in respect of which a pardon has been
granted under the Criminal Records Act (Canada) and
10. (1) In Part I and in this Part,
has not been revoked, or
“age” means an age that is eighteen years or more; (“âge”)
(b) an offence in respect of any provincial enactment;
“disability” means, (“casier judiciaire”)
(a) any degree of physical disability, infirmity, “services” does not include a levy, fee, tax or periodic payment
malformation or disfigurement that is caused by imposed by law; (“services”)
bodily injury, birth defect or illness and, without
“spouse” means the person to whom a person is married or with
limiting the generality of the foregoing, includes
whom the person is living in a conjugal relationship outside
diabetes mellitus, epilepsy, a brain injury, any degree
marriage. (“conjoint”) R.S.O. 1990, c. H.19, s. 10 (1); 1993, c.
of paralysis, amputation, lack of physical co-
27, Sched.; 1997, c. 16, s. 8; 1999, c. 6, s. 28 (8); 2001, c. 13, s.
ordination, blindness or visual impediment, deafness
19; 2001, c. 32, s. 27 (2, 3); 2005, c. 5, s. 32 (8-10).
or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or …
other animal or on a wheelchair or other remedial
appliance or device,

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Pregnancy Disability
(2) The right to equal treatment without discrimination 17. (1) A right of a person under this Act is not infringed for
because of sex includes the right to equal treatment without the reason only that the person is incapable of performing or
discrimination because a woman is or may become pregnant. fulfilling the essential duties or requirements attending the
R.S.O. 1990, c. H.19, s. 10 (2). exercise of the right because of disability. R.S.O. 1990, c. H.19,
s. 17 (1); 2001, c. 32, s. 27 (5).
Past and presumed disabilities
Accommodation
(3) The right to equal treatment without discrimination
because of disability includes the right to equal treatment (2) The Commission, the Tribunal or a court shall not find
without discrimination because a person has or has had a a person incapable unless it is satisfied that the needs of the
disability or is believed to have or to have had a disability. person cannot be accommodated without undue hardship on the
2001, c. 32, s. 27 (4). person responsible for accommodating those needs, considering
the cost, outside sources of funding, if any, and health and
Constructive discrimination safety requirements, if any. R.S.O. 1990, c. H.19, s. 17 (2);
1994, c. 27, s. 65 (2); 2002, c. 18, Sched. C, s. 3 (1).
11. (1) A right of a person under Part I is infringed where a
requirement, qualification or factor exists that is not
Idem
discrimination on a prohibited ground but that results in the
exclusion, restriction or preference of a group of persons who (3) The Commission, the Tribunal or a court shall
are identified by a prohibited ground of discrimination and of consider any standards prescribed by the regulations for
whom the person is a member, except where, assessing what is undue hardship. R.S.O. 1990, c. H.19, s. 17
(3); 1994, c. 27, s. 65 (2); 2002, c. 18, Sched. C, s. 3 (2).
(a) the requirement, qualification or factor is reasonable
and bona fide in the circumstances; or …
(b) it is declared in this Act, other than in section 17, that
to discriminate because of such ground is not an
infringement of a right. R.S.O. 1990, c. H.19, s. 11
(1).

Idem
(2) The Commission, the Tribunal or a court shall not find
that a requirement, qualification or factor is reasonable and bona
fide in the circumstances unless it is satisfied that the needs of
the group of which the person is a member cannot be
accommodated without undue hardship on the person
responsible for accommodating those needs, considering the
cost, outside sources of funding, if any, and health and safety
requirements, if any. R.S.O. 1990, c. H.19, s. 11 (2); 1994, c.
27, s. 65 (1); 2002, c. 18, Sched. C, s. 2 (1).
…

Special programs
14. (1) A right under Part I is not infringed by the
implementation of a special program designed to relieve
hardship or economic disadvantage or to assist disadvantaged
persons or groups to achieve or attempt to achieve equal
opportunity or that is likely to contribute to the elimination of
the infringement of rights under Part I. R.S.O. 1990, c. H.19, s.
14 (1).
…

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