Across Canada, Bar Admission programs are an essential component of professional development and qualification for law graduates wishing to enter the legal profession. Bar Admission Courses are designed to help students reach entry-level professional competence as lawyers, and are generally taught as an adjunct to a period of articling (usually a year). During the 12 months of articles, students are provided with skills training and courses on legislation and other substantive law. In some provinces and territories, though candidates for the profession must write exams, there may be instructional sessions, but no formal extended course involving classroom teaching.

Programs differ from jurisdiction to jurisdiction in their format, scheduling, and scope. This chapter compares course offerings while highlighting how issues for persons with disabilities are addressed. Our analysis is based on (a) responses to questionnaires and follow-up questions answered by students, law graduates and Bar Admission administrators in the common law jurisdictions and Québec, (b) responses to questions directed at administrators of Notariat programs in Québec and (c) our own Internet research. This part of the Guide investigates primarily the formal course components of Bar Admission programs. Reach Canada envisages covering the occupational and training elements of articling in future research on employment accommodations in the legal profession.

The Bar Admission Program offered in each jurisdiction is unique in format and structure. Differences among these programs with respect to their length, timetable, and course content provide both challenges and advantages for candidates with disabilities. The following comparisons illustrate the contrasts among programs offered.

The Professional Legal Training Course (PLTC) offered by Continuing Legal Education (CLE) in British Columbia is a 10-week course which may be taken at any stage during the articling year, depending on the availability of sessions. For the duration of this intensive ten-week course, students are required to write a series of examinations on substantive law and to complete assignments aimed at improving practical skills. PLTC’s flexibility in scheduling allows for the candidate to request attendance on a part-time basis depending on individual needs and the availability of courses. Requests for part-time status must be submitted six months in advance for approval by the Director of PLTC.

The Ontario Bar Admission Course (BAC) is administered by the Law Society of Upper Canada (LSUC). The course is divided into three phases: stage one is comprised of a month long preparatory period for articling; stage two consists of a 12 month articling period; and stage three focuses on eight licensing courses over a 12 week period. Part-time articles may be pursued in Ontario, but because of the program’s three-phase nature, Ontario requires that such articling be spread over three years. The BAC generally commences in September. Students are often given a choice between morning or afternoon sessions. This flexibility may assist students with special needs. Classes consist of both large lectures and small seminar groups; the latter provide for the building of a rapport among individual group members. Under a Bar Reform plan, in early 2000 Bar Admission directors were revising the program, planning to make it available in a more flexible manner in 2001.

The Nova Scotia Barrister’s Society is responsible for the Bar Admission Course in Nova Scotia. The three components for the Nova Scotia program are a Bar Exam, a skills course, and a variety of seminars. Bar Exams in Nova Scotia are offered in Halifax in both summer and winter. Prince Edward Island students-at-law also participate in the program run by the Nova Scotia Barrister’s Society, as a requirement for qualification in P.E.I. Their examinations are set by L.S.P.E.I. however. Nova Scotia and P.E.I. do not permit part-time articles.

The requirements for professional qualification in New Brunswick entail 44 weeks of articles and an 8-week Bar Admission Course. The course is held in four two-week sessions during the Bar Admission year. There appears to be no flexibility or choice of sessions within the articling year but New Brunswick provides for completion of the program over a three-year period. This provision, extending the period of articles, may provide the option for students to attend part- time.

Newfoundland requires students to complete written exercises for evaluation by the Law Society during the 12 months of articles. Students are examined after a seven-week bar admissions course in substantive law. The Law Society in Newfoundland has stated emphatically that articles are to be full time.

For admission to the bar in Manitoba, a candidate must complete 12 months of articles, including 32 days of bar admission courses offered weekly from August to April. Nine exams are held intermittently during the year. The Law Society rules provide for part-time articles. The procedure is similar to that of British Columbia. Proposals from candidates to complete the articling requirements on a part-time basis are considered and evaluated to assess whether part- time articles would provide a suitable articling experience.

Québec differs significantly from the other jurisdictions in that the Chambre des notaires du Québec and the Barreau du Québec each have responsibilities for creating and maintaining standards for legal professionals within Québec. Admission criteria for both the Notariat and the Bar contain an academic requirement and the need for professional accreditation by either the Chambre or the Barreau du Québec. Once a student has fulfilled the academic requirement, the Chambre des Notaires or the Barreau are responsible for further training. One main difference between qualification programs offered to future lawyers and notaries is that the Chambre des Notaires is responsible for only the apprenticeship part of the admission process for its profession, with the academic part being supervised by universities, while the Barreau du Québec assumes responsibility for both the academic and the apprenticeship parts of Bar admission.

Candidates wishing to become Notaries or lawyers must first complete a three-year degree in law (called a License or Baccalauréat). Those wishing to pursue careers as Notaries must then obtain a university degree in notary law (Diplôme de droit notarial - D.D.N.). After successfully completing this one-year program, students are required to complete an internship of thirty-two weeks under the supervision of the Chambres des Notaires du Québec. There are three universities in Québec that offer the Diplôme de Droit Notarial - Université de Montréal, Sherbrooke and Laval. In Ontario, the University of Ottawa formerly had a notarial program for Québec but this program has been suspended.

Accommodations for disabilities during notarial studies are provided by individual universities. Since the notarial degrees are run by the universities, students with disabilities who are interested in entering the Chambre des notares should review Chapter 12 of this Guide. A student in a notarial degree programme will have access to accommodations and services similar to those available for a student with disabilities at the Law School on the same university campus.

As was noted above, a student wishing to enter the Québec Bar must initially take a three-year degree in law (License or Baccalauréat). Upon successful completion of the law degree, the graduate applies to one of the Ecoles du Barreau, normally in the city where the applicant has studied law. The Barreau du Québec has established four Ecoles, in Sherbrooke, Montréal, Ottawa, and Québec City, each with an independent administration. In rare cases, such as when disability accommodation is unavailable at one location, a student may be permitted to attend the course in a different city. A centralized Access Committee (Comité d’accès à la profession) conducts a review to determine the academic and professional eligibility of applicants to all schools, and also decides whether to approve requests by applicants who want to attend the course in a different city. The schools follow general requirements of training established by the Barreau. Preparation for the Bar entails eight months of substantive law and skills training, in addition to a six-month internship.

We have observed that there are two supervisory bodies for the legal profession in Québec. Bar Admission programs in the common law jurisdictions are administered individually by the law society (or "bar society" or "barristers" society) of each province or territory. The law societies are responsible, like any other professional body, for governing themselves and ensuring professional standards amongst their members. Just as the regulations vary in each jurisdiction, requirements for access and reasonable accommodations for disabilities are not made uniformly across the country.

Students and administrators who provided input to our study identified a wide range of needs requiring accommodation. Individuals disclosed a variety of physical/upper body mobility problems and visual and hearing impairments. Students were accommodated for learning disabilities, and chronic medical conditions such as diabetes, muscular dystrophy, and hypoglycaemia. Other individuals were accommodated while undergoing rehabilitation or suffering from other conditions that required facilitation.

Several students required extra time, use of a computer and assistance in completing answer sheets in order to overcome their disabilities during examinations. In some instances, separate rooms were provided for written or oral exams. Materials have been produced in large print, on disk, and transcribed into Braille to provide for visually impaired or blind students. Hearing impaired and deaf classmates have been assisted through the use of special technology and interpreters. Printouts of class materials and extended time for assignments were also provided to minimize barriers faced by students in the classroom.

Our project’s procedure for contacting students and lawyers who have disabilities were designed to respect privacy. The educational institutions we approached for assistance in reaching people who might wish to respond to our survey also respect student confidentiality. We were thus hampered in our ability to communicate with potential respondents. While the inability to contact directly those requesting accommodations did limit the number of responses from students and lawyers for the bar admission survey - we achieved some success despite the odds. Privacy legislation and the reluctance of individuals to self-identify contribute to an environment where it is difficult to assess the full needs and extent of participation by individuals with disabilities within the legal community. Further complicating this situation is the inability or unwillingness of some law societies to maintain statistics and records pertaining to accommodations offered to candidates who have disabilities.

Based on data received from lawyers, bar admission administrators and students, we know that the total number of students with disabilities, or requiring accommodations for some other valid personal or family reason, is fairly low. Statistics available are scant. For British Columbia, Manitoba, Nova Scotia, Alberta, Prince Edward Island, and the Territories, no statistics were available to us. Saskatchewan estimates the number at about one percent, and Newfoundland cited one medical case in recent memory (note that yearly enrolment for Newfoundland is limited to approximately 30 students). New Brunswick has one recorded accommodation request. No statistics were available from the Notariat in Québec. The Québec Bar estimates that it receives about two to five students with disabilities out of 1000 students each year. The Law Society of Upper Canada provided statistics for the 78 students they have on record as needing accommodations. Within this group 6.4 percent had physical and mobility disabilities, 44 percent had chronic medical problems, 13 percent had learning disabilities, 2.6 percent were deaf/hearing impaired, 5.1 percent were blind/visually impaired, and a further 29 percent had a variety of temporary and permanent disabilities that required accommodations.

Personal characteristics and factors such as stamina, resources, and time constraints vary to make each case unique. Bar Admission candidates face the same physical challenges as in law school. During the bar admission process, however, there are additional pressures for many individuals who are facing the daunting task of embarking on a first or new career after acquiring a disability. Competition to obtain articles and then find an employer willing to hire a Bar graduate who has a disability further complicates the issue. Regardless of the policies and accommodations made, the central mandate of the Law Societies is not to make the profession more open and equitable. Rather it is to ensure that each graduate of the Bar program is competent to practise law. These aims are not mutually exclusive but the two may conflict when demands are placed on the individual to test his or her competency, without giving adequate consideration of individual characteristics.

There is a concern reported by many students with disabilities that they must be cautious about disclosing a disability and requesting an accommodation in their Bar Admission course. What if a potential employer unfairly perceives the need for an accommodation as an indication of a reduced ability to succeed in the legal profession? When discussing their Law Society’s application process, some students expressed worry about the potential implications if a student discloses information on a form re a disability and then one’s employer (especially a private law firm) learns about the disability. One articling student explained, "I hadn’t been hired back yet, and I didn’t know how confidential the form was".

Many other students found that challenges were increased by changes in their study patterns as compared to their undergraduate programs. Bar Admission courses may require full days of study over a continuous period of up to 12 weeks, while many law school programs allow for greater flexibility and shorter days. In addition to the longer hours, students said they had difficulty with a heavier workload that required frequent written assignments. While foregoing the opportunity to seek accommodations, students "hoped it would not be a problem". Other candidates "thought [they] would be able to manage, but it didn’t work out that way". The study component of bar admission programs is generally short compared to what students had experienced in law school. There is some evidence that students may try to put their disability accommodation needs on the back burner and forge ahead unaided if their disability is not highly visible. The significantly longer duration of university courses precluded many students from even considering this option while in undergraduate studies or law school.

In one instance, the Law Society of Upper Canada, for phase three of its Bar Admission program, refused to grant a student the same accommodations that were received in law school, although it is generally their practice to do so. This example emphasizes the discretionary nature of accommodations for Bar Admission programs. Even jurisdictions with written policies will look at each applicant individually to determine which accommodations they consider reasonable. An articled student-at-law does face a risk of not having accommodations to which she or he became accustomed throughout law school.

For the majority of survey respondents, disclosure and identification of their disability created no difficulties whatsoever but others were very concerned about the possible implications of disclosing. Obviously, we obtained this information from individuals who did in fact reveal their disabilities to request accommodations in their Bar Admissions program, because individuals who chose not to disclose would not come to the attention of course administrators nor us. Some students who hesitated before deciding to disclose a disability explained their rationale.

Our questionnaires were designed to determine, from the perspectives of both administrators and students, the benefits and disadvantages of disclosing a disability. Some students remained unsure of the confidentiality of the process for requesting accommodations. Often candidates with hidden disabilities such as a head injury or a learning disability make a deliberate choice as to whether they will disclose the existence, nature or extent of their disability. Students worry that if future employers discover they have a hidden disability, it will prejudice career opportunities. The attitude of other students, in a highly competitive atmosphere, may also give rise to fears of reaction if one discloses disability and receives accommodations.

Administrators prefer students to request accommodation prior to beginning a session. The policy in place in British Columbia requires that accommodations be requested in writing at least 30 days before the commencement of the course. In contrast, the Benchers in Manitoba approved a policy requiring requests to be submitted in writing at least 30 days before the accommodation is to be implemented. In some instances, documentation and background information on the disability is required during the application process. Administrators expressed that forewarning was extremely important for planning and administrative functions.

Criteria listed by different jurisdictions for determining eligibility for accommodations include the impact on other students’ participation and evaluation, cost implications, and alternate approaches for accommodating the request. A variety of these interests can be met, provided that administrators are given adequate notice. Aside from administrative convenience, Bar Admission officials expressed concern over the student reaching his or her potential. More than one of the administrators contacted maintained that students who self-disclosed early had a far greater success rate. Students can still encounter problems in jurisdictions that have no accommodation policy in place, or in which bar admission officials do not accept assessments of accommodation needs that were made by experts during the student’s law school years. A number of jurisdictions begin with the reasonable presumption that accommodations needed by an individual during law school will still be needed in the Bar program.

Although self-identification is recommended early in the process, responses from students that disclosed their disabilities after the initial application process were overwhelmingly positive when describing their experience with the Toronto office of the Law Society of Upper Canada. Candidates with disabilities were provided with the accommodations requested. They were given private interviews to ensure discretion and to facilitate the sharing of information pertinent to arranging the right accommodations.

In deciding whether to disclose a disability and seek accommodations, students should consider that in addition to the time spent in the classroom, many of the Bar Admission course classes require two to three hours of preparation. Even more time is needed when studying for examinations, and a student with certain disabilities would face an unfair examination disadvantage without accommodations.

With our small sample of survey responses, it is difficult to make general statements. All but three of the jurisdictions we received information from did not offer choices as to the city or location in which a student might take a course. For a majority of students leaving law school, moreover, the choice is: "in which province do I wish to practise?", not "where would it be the most convenient to take the bar admission course". A few respondents did demonstrate their concerns regarding community access and services. A respondent from British Columbia commented that economic reasons and general accessibility in the city of Vancouver influenced his decision on where he took the bar course. He wrote that, "Vancouver was one of the most accessible and accommodating cities in the world".

The majority of provinces do not offer choices of locations for the bar course. In British Columbia, all but one session of PLTC is offered in Vancouver with one session being taught in Victoria. Both locations are described as wheelchair friendly and the Law Society has expressed a commitment to improving facilities and accommodations.

Ontario offers the choice of three locations. The Law Society of Upper Canada provides bar admission courses in Toronto, London, and Ottawa. The Toronto and London locations provide elevators and access to washrooms, administrative offices and classrooms. Students attending the course in Ottawa are limited to facilities on one floor as elevators are not available, though cooperative arrangements have been made between administrators and individual students to work around the problem. The BAC is also available on a Distance Education basis to students at 11 locations including Windsor, Northern Ontario, Québec, the United Kingdom, and the USA.

Students from Québec explained that they are usually expected to apply to the centre in the area where their law school is located. Special reasons are needed to register at another centre. There are centres at Sherbrooke University and the University of Ottawa. (Information on accommodations at Sherbrooke may be found in Chapter 12 of this guidebook.) The other two centres, La Maison du Barreau in Montréal and the facility at Québec have access for physical disabilities. Accommodations for other disabilities may vary from location to location. In provinces that offer a choice, a student who has a preference regarding a location or a particular available course session should state that choice to program administrators at the earliest possible date, in case the desired location or course fills up early.

Funding is of major concern to every student finishing law school. Respondents to our questionnaire identified no issues specific to their disabilities, though it may be a significant consideration for other Bar candidates with disabilities. In British Columbia, funding is either provided by the employer or by the individual applying for articles. Although a student may be required to pay for PLTC, the course may not be taken unless the student provides proof of (completing articles) (having an articling position). In Ontario, a student may begin Phase One without an articling position but those students who do not have articles lined up may find funding a challenge, as the Bar Admission Course costs upwards of six thousand dollars.

Factors such as employment and the terms thereof often determine at what point in the articling year students decide to attend the Bar Admission Course. Student loan funding and requirements that students begin paying their loans back six months after graduation are also factors in the student’s decision as to when to attend a Bar Admission Course.

In Québec, the provincial Special Needs Program, which funds services and equipment for students with disabilities, is available to candidates studying for the Barreau. Students with certain disabilities, including learning disabilities, are not eligible for this funding.

Bar Admission (and other) students should note that some funding agencies and associations can be approached for vocational rehabilitation funding.

Some law societies may assist in securing financing. The LSUC is committed to providing financial relief through bank loans, LSUC loans or the BAC bursary program to students at risk of delay to their call to the Bar because of outstanding BAC fees.

The Canada Student Loans Program provides two forms of assistance for students with a permanent disability - Canada Study Grants and Loan Forgiveness. Canada Study Grants make up to $5,000.00 per year available to a student with a permanent disability that limits his/her ability to participate fully in post secondary studies or in the labour force. This non-repayable grant covers exceptional costs such as tutors, interpreters, attendants, or special equipment. Eligibility is determined by financial need and maximum income levels are predetermined based on the number of one’s dependents.

Loan Forgiveness is available in the event that a student with a permanent disability is unable to meet Canada Student Loan repayment obligations without exceptional hardship. For a student to qualify he or she must have a permanent disability before the beginning of the seventh month following completion of studies or at the time of the first loan advance. Interest payments are waived on Canada Student Loans while students are attending Bar Admission courses.

Note that officials may also refer to the student loan forgiveness program using the term "Permanent Disability Benefit". As of May 2000, we have been told that the student loan package programs still exist and that applications may be obtained by calling 1-888-432-7377.

A few students recounted incidents they saw as demonstrating a lack of understanding that hampered students with disabilities. The majority of survey respondents felt no specific attitudinal barriers from administrators of their Bar Admission program, lecturers or fellow students. They felt they were fully integrated.

In our survey, negative attitudinal barriers encountered by students with learning disabilities were frequently noted. Students with this form of disability complained of unprofessional conduct by law society administrators and civil servants. Almost half of the jurisdictions polled were mentioned in relation to this problem. Where attitudinal barriers were disclosed, the common theme was ignorance or a lack of understanding regarding challenges for students with learning disabilities. There also appeared to be a lack of consensus as to suitable accommodations and the degree of assistance a student is entitled to receive. Responses from students indicate that the multiplicity of learning disabilities and the wide range of strategies for minimizing their impact demands a flexible response. Students voiced a need for an approach that focuses on protecting the dignity of the individual at each level of the Bar Admission process.

Instruction is delivered by practising lawyers who teach part- time in the Bar Admission course, focusing on their specialized areas of practice. One survey respondent commented that although instructors are knowledgeable and well qualified, it may be difficult to establish a continuing rapport with them. The instructors teach for only a few days during the course and usually do not have enough time available for students with special needs.

One person surveyed opined that some of the lawyers teaching courses should be more sensitive to the needs of students with disabilities needing alternative formats. Professional responsibilities outside of the classroom appear to hinder some instructors in fulfilling their duty to accommodate students adequately.

One Québec Barreau student said that better accommodations were offered through the Barreau than through the university where that student had obtained a baccalauréat. The university did not provide adequate accommodation to permit students with a variety of disabilities to participate in all university activities, especially conferences. A respondent who did not face barriers personally commented that, "some students who were unaware of my disabilities expressed hostility and ignorance regarding accommodations received by [other] students". Incredibly, on another occasion a student requesting printed materials was told by the Course Director to copy notes from other students because he (the Director) was not responsible.

In the various provinces, many student respondents spoke favourably about the implementation of accommodation on a day-to-day basis. Frequent complaints addressed poor communication regarding the accommodations available, and a lack of supervision for classroom implementation.

Some students experienced attitudinal barriers on the part of fellow students. One person felt the students are better informed than the general public but barriers still exist. Another, who did not directly experience attitudinal barriers commented that, "some students do grumble openly about others who are accommodated. Most students don’t know that I’m accommodated so it doesn’t become a direct issue for me but likely would be if they did know".

A final example comes courtesy of a senior official of the judiciary. Apparently, a judge complained that a disability-reserved parking site should not be so close to the front of Osgoode Hall in downtown Toronto (the main site for the LSUC Bar Admission Course), so the parking spots were moved. An observer commented, "It did not seem to make any difference to the students; the judge was petty".

 

14.4	Policies & Decision-Making Procedures Governing Disability Accommodations

The process of decision-making for accommodations varies from jurisdiction to jurisdiction. Outlined below are summaries of procedures and criteria used in early 2000. Not all jurisdictions are represented, because of incomplete survey answers and lack of response from some administrators. Some jurisdictions not discussed here lack experience with accommodation requests and have not formulated enabling policies.

Applicants to the British Columbia PLTC must apply in writing to the Director of the Professional Legal Training Course at least 30 days before the commencement of the Course with documentation and background information, including a description of procedures that will minimize the disability’s impact. This policy reflects a commitment to ensuring reasonable accommodation while maintaining the validity of the examination and assessment procedures. Nowhere in the policy are specifics given as to the types of disabilities covered. Communications with the BC Law Society have shown their personnel to be quite co-operative and willing to assist people needing accommodation. The PLTC program manager facilitates accessibility and accommodation requests as part of her responsibilities.

It appears that the LSUC has recognized concerns and systemic biases that can be and have been experienced by students who have disabilities. In 1999, the Admissions and Equity Committee approved a new Accommodation Policy and sensitivity training was introduced for BAC instructors.

The LSUC Bar Admission Course policy provides that accommodation will not be extended, however, if it imposes undue hardship on the program. The registrar determines "hardship" on a case-by-case basis. Refusal of requests for accommodations may be appealed to the Director of Education and the Admissions and Equity Committee. The LSUC policy states that "considerations that may influence this determination include substantial economic hardship for the LSUC, the unavailability of persons with appropriate expertise, a significant adverse impact on learning opportunities for other students, a significant alteration of the fundamental nature of the program for service or undue disruption of the institution’s program operation". (Section 1.4 of Policy and Procedures for Accommodations for Students-At-Law in the Bar Admission Course (BAC) – Department of Education, 1999.) The accommodation policy of the LSUC operates within the overall mandate of the Law Society to ensure that entrants to the profession are competent to practise law.

For the LSUC to grant accommodation, the connection between the perceived barrier and the required accommodation must be made clear to the Registrar. The registrar and the student work together to establish necessary accommodations. The student is expected to provide suitable and verifiable information pertaining to the personal characteristic(s) requiring accommodation.

The BAC collects and maintains confidential accommodation information through its Student Success Centre. The mandate of the Student Success Centre is to ensure fair, equal and non- discriminatory access to all courses. Its duty is to coordinate and provide support to improve the learning environment for students by offering such services as case management, assessment services and access to technical aids. Tutoring and mentoring services are also available free of charge to the student. The Student Success Centre is responsible for coordinating the provision of accommodation. At all three sites designated staff facilitate accessibility and implement examination accommodations.

The law societies of Alberta and Saskatchewan do not have written policy on accommodations. These jurisdictions appear willing, however, to provide accommodations when required on an ad hoc basis. Manitoba has a written policy on accommodations for the Bar Admission course. The most important criterion for determining whether or not to grant accommodation is the maintenance of legitimacy and consistency in examinations and skills assessment. Applicants must include a detailed description of the proposed accommodation along with appropriate documentation assessing the applicant’s situation. Further concerns of the Law Society of Manitoba include: the potential impact on other students’ participation and evaluation, cost implications, and whether the means proposed for accommodating the request are the most suitable. The Director of the Bar Admission program handles all requests for accommodations.

The Barreau du Québec does not have written policies on accommodation for students with disability and applies a case by case approach. A student who wishes to receive specific accommodation in relation to his or her disability addresses a request to the Director of the centre to which he or she is applying. It is the responsibility of the Director to take necessary measures to ensure that the student will be given the same chances and opportunities as all other students.

The Barreau’s program receives expertise from a specialized service to answer individual requests from students. The centres, at Ottawa and Sherbrooke, though located in universities, are totally independent from the university administration. Decisions on accommodations are made by the Director of each centre. However, if the centre in which you are interested is located at a university in Québec, the relevant chapter of this guide will mention access to buildings and classrooms and other accommodations available through that university. We did not receive many answers to our survey from Barreau students; those who responded were satisfied with the way their requests where handled by the centre to which they applied. Responses were also favourable concerning the availability of the staff in charge. All requests were granted directly by the centre to which the student was assigned or through another service provider. (One student received sign language translation services through the assistance of McGill University’s Office for Students with Disabilities). This may not be indicative of the situation for all Québec Bar students, since the responses received were all from Montréal-based Barreau course candidates or graduates.

The Nova Scotia Barristers’ Society has not yet developed an explicit policy on responding to disability accommodation needs of Bar students. If an articled clerk feels that because of physical or mental disability, he or she cannot demonstrate his or her level of skill and knowledge through the evaluation methods used by the Bar Admission Course, application for special accommodation must be made to the Director of the Bar Admission Course. In these circumstances, the Director may use an alternate method of assessment meeting the needs of the clerk while maintaining the standard required for admission to the Bar. It is the hope of the Nova Scotia Barristers’ Society that an explicit policy will be developed over time. There is no designated staff member to work with the student in fulfilling accommodations and alternate methods of evaluation.

The Law Society of Newfoundland does not have an explicit policy responding to disability accommodation needs of Bar Admission Course Students. There has been only one request for accommodation in this jurisdiction in recent memory. As occurred in that case, officials say that a request would be considered in terms of the student’s unique circumstances and addressed in terms of those circumstances. Rule 6.13 of the Law Society Rules does allow a student who fails an exam due to illness or other personal circumstances which harmed performance, to request a supplementary exam on those grounds. The request must be made before marks are published. While this is not an accommodation policy, it does allow students an opportunity to advise the Law Society if they feel their performance was hampered by, for example, a disability. Students have not made requests pursuant to this rule recently. Students requiring facilitation in programs and coordination for exam accommodations must write to the Director of Legal Education, who is responsible for all aspects of the Bar Admission Program.

Few of the jurisdictions with written policies supply more than minimal details as to the specific forms of accommodations available. British Columbia and Manitoba have a general policy to accommodate that requires students to propose the accommodations to facilitate their needs. The Law Society of Upper Canada provides detailed examples of accommodations that may be granted. Although LSUC policy provides concrete examples of permitted accommodations, a large number of respondents disclosed that they were unaware of the specific contents of this policy.

Accommodations vary among the jurisdictions because of differences in their experience with various disabilities. Outlined below is an inventory of accommodations that have been given to students. This list is not exhaustive and Bar Admission administrators should be contacted in order to determine whether or not individual needs may be satisfied.

General guidelines are set for the attendance of all students within programs that have written policies. In our research we did not discover attendance guidelines specifically targeted towards students with disabilities. Rather, where present, absentee policies for all students allowed for consideration of personal illness and family related emergencies. As a result of a 1997 equity report, the LSUC changed its attendance policy as of 1998, eliminating the requirement of mandatory attendance.

For the majority of jurisdictions, examples of instructional accommodations were not provided in response to our questionnaire. The absence of data should not necessarily be construed as evidence of unwillingness to provide accommodations: rather, it may be that particular requests have not been made to date. For example, the Law Society of Upper Canada has confirmed that sign language interpreters have been provided during instructional lectures as well as in Call to the Bar ceremonies, while other jurisdictions are silent on this issue.

A student with a learning disability recalled that an instructor placed him in an awkward position by demanding responses to questions in class even though the student did not have adequate time to process the information. Although the problem was then explained to the instructor outside of class, the instructor was not prepared to make adjustments to the teaching style to accommodate the student. This student commented that instructors "really don’t understand the nature of processing problems".

Just as there appears to be a need for greater communication between the administration and students regarding accommodations available, instructors must be better informed and able to respond to individual needs or requirements. Unfortunately, we could not have the benefit of obtaining feedback from instructors, so our survey results may be somewhat biased in favour of students who have experienced problems.

In a few of the jurisdictions, extensions of deadlines have been given for assignments as an accommodation, where necessary. Several jurisdictions have given accommodations for situations involving illness and family emergencies; and at least one of these suggested they would be prepared to make the same allowances for an individual with a disability, when appropriate. The LSUC is the only administering body that states it will extend deadlines on assignments. Several students that responded from Ontario acknowledged that flexibility in meeting deadlines was very important to them.

A law graduate from Québec who answered our survey confirmed that Bar Admission course instruction and materials were available in alternate formats for students who needed these accommodations. She needed help with only the oral part of the instruction and was able to use services provided by a sign language interpreter and a note-taker. She was the first deaf student at the relevant Barreau Course centre which did not have the services available that she required. Instead, the student obtained services through the help of the Office for Students with Disabilities of McGill University, which cooperated with her and the relevant Centre in this regard. She explained that even with this assistance, she experienced some difficulties. Since there are Bar courses every day, full transcription of each course session was almost impossible.

In the provinces where specifics are given, policy for accommodations concentrate on standards for evaluating students and the provision of accessibility aids, with little or no direct consideration of what occurs in the classroom. The most common complaint by students was the inability or unwillingness of individual instructors to adjust their teaching style to meet the needs of students with learning disabilities.

For many of the programs, reading materials to supplement classroom instruction are usually distributed in advance. But arrangements for materials in alternate formats must be made at the request of the student as far in advance as possible, to ensure that they are available on time.

In both British Columbia and Nova Scotia, Bar Admission program material will be provided in alternative formats when requested. Examples of the types of formats provided are: materials on disk or created in a larger font, and transcription into Braille. Manitoba expects to have materials in alternate formats available later in 2000. Both Saskatchewan and Newfoundland had not had such a request to date. Material for the LSUC program is available in alternate formats which include: materials on disk, the use of adaptive technology such as voice input and output, and scanning devices. According to the Barreau administration, course instructions and materials are available in alternative formats for students with hearing and visual disabilities, sometimes including provision of Braille or of sign language interpretation.

Students that required course material in alternative formats were unanimously critical of staff and administrators for not providing materials in a timely fashion. Respondents stressed the need to receive the materials at the beginning of or prior to the commencement of the course.

For examinations the Law Societies have offered varying accommodations, depending on the individual needs of students who have passed through their programs. BC has allowed extended time, use of a computer, use of a separate room and examinations in alternate formats. Saskatchewan has provided use of a separate examination room. Nova Scotia has allowed extended time, transcription into alternate formats, and assistance inputting answers into a computer. The Law Society of Upper Canada has permitted extra time, use of a computer, scribing services, and alternate formats for exams, including oral exams. Newfoundland has provided a staff member to scribe answers on one occasion. Respondents who answered our survey concerning bar admission courses in Québec mentioned that they had received the following types of accommodations for examinations: time extensions, permission to write the exam on a computer and authorization to use the assistance of a scribe. In one year, the New Brunswick Bar Admission program agreed to provide accommodations to a student for the writing of exams. Officials offered the student extra time on all exams and the choice of doing them orally or written. The candidate had a non-visible disability requiring the accommodations.

All of the Bar Admission courses arrange for student evaluations of course content and instruction. In BC and Nova Scotia student evaluation forms will be provided in alternative formats on demand. In Ontario, The Law Society of Upper Canada makes the forms for instructor evaluation available on disk when requested by students. The administrators from Saskatchewan, Manitoba and New Brunswick responded that student evaluation forms are not provided in alternative formats. Evaluation forms are not available in alternative formats in Québec, but students may obtain assistance from a resource person in filling out standard forms. Newfoundland has not yet been requested to provide evaluations in alternative formats.

All of the Law Societies polled, with the exception of New Brunswick, use facilities for the Call ceremony that offer wheelchair access. On some of the other accommodation issues many jurisdictions were silent. This is probably due to a lack of exposure to a particular disability; not an attempt to deny inclusion. In British Columbia, the Law Society has provided interpreters and real-time captioning for other society functions. They have indicated that individuals would be accommodated as needed for the Call ceremony. The LSUC has indicated that mobility issues can be accommodated, and interpretation services and sign language are available. A student from Québec who answered our survey asked to be given accommodation for the Call to the Bar ceremony. All of her requests were granted. Two sign language interpreters where present, one for her and another for her guests.

None of the Law Societies responded that there were special services to provide assistance to graduates with disabilities in obtaining articles. Many of the Societies will provide leads, or informal referrals. Career Placement Officers may provide some assistance and Equity Officers could be a valuable resource to those with disabilities seeking articles. Job postings on Internet sites are available in some jurisdictions for those with the ability to access them.

The Equity Initiatives Department of the LSUC has introduced a short-term employment program within the department. Recent graduates of the Bar Admissions Course may be offered the position of legal researchers for terms of four to six months. The rationale behind this program is the employment of lawyers from under-represented groups, or those seen as being discriminated against within the legal profession.

Those who prepared this chapter have more suggestions than solutions to offer. In general, the Law Societies have begun some movement towards providing better access. Some of the greatest challenges to overcome pertain to the sharing of information between administrators and students. The availability of accommodations must be broadcast more widely and students should be encouraged (as some jurisdictions do) to disclose their disabilities and accommodation needs more readily. All students should be polled on attitudes and ideas so that those still outside of the accommodation process become aware of it and can help to shape it. With this guidebook, we are trying to catalyze the process of communication. Here are some suggestions from the students themselves:

Students often faced challenges because they were uninformed.

One respondent suggested: "The law society should inform students that accommodation is available for those who require it. I had to find out for myself that accommodation was available. If I hadn’t had the presence of mind to make inquiries about whether my temporary disability could be accommodated, I wouldn’t have found out about the program and available accommodations. As a result, I would have been at a disadvantage. To prevent students who acquire temporary disabilities from failing to request accommodations, the law society should circulate a general memorandum to all students at the beginning of each phase to inform them of the existence of the program should they need it."

Although several other students echoed the sentiment that students should be better informed as to the available accommodations, only one student suggested any concrete measures. This student advised as follows: "Bulletin boards, etc., should be larger and better lit and alternate formats should be advertised".

A strong admonition was given by one student, regarding a lack of preparation and forethought on the part of legal professionals acting as instructors. This student wrote: "There needs to be much more awareness of [the] nature of disability with respect to accommodations. [The] Primary problem is that lawyers are always running by [the] seat of their pants putting out fires and seem to feel that this is an acceptable excuse for not meeting their obligations under human rights legislation".

An observer in Québec commented that while formal policies may not be in place, or a centre may not have the requisite equipment, it does not mean that the centre will be unable to provide for special needs. This guidebook’s editor and co-authors observe that there is a legal requirement to provide reasonable accommodation to foster equity and that most legal education officials genuinely want to offer the necessary accommodations. Most will usually find a way to do so. Here are some examples. In Ontario, the Bar Admission program borrows accommodation expertise from community colleges. In Nova Scotia, Dalhousie Law School initially relied partly on expertise available at nearby St. Mary’s University concerning disability accommodations. In Montréal, a Barreau Student was able to obtain needed assistance with the guidance of an office at McGill University when the Barreau centre could not assist directly.

One respondent felt that the development of a mentoring program for people with similar disabilities was important. That writer queried: "Is there any way (for those of us who wish to be...) for us to get in touch with other members of our class facing similar challenges?"

An individual who had difficulty with the volume of materials stated that, "the exam style has to change. The reference material needs to be edited to prevent repetition."

In response to a question on part-time study, an Ontario student replied: "Yes, most definitely it should be made available and encouraged. Visually impaired students, especially, encounter primary difficulty getting the reading done in the time required and not burning out over the many exams. Materials on disk and software to read it aloud was of excellent assistance to me.

However, I had to seek the funding to afford the program. This took time I did not have after the course began and there was no guarantee that I would receive funding. The BAC must address these issues months in advance of the …beginning so that it is all set up and running before the classes begin."

Comments were made concerning the intensity of the courses.

One emphatic response concerning the intensity of the Bar Admission course in Ontario came from a student who wrote: "The speed of this program is inhuman!!"

A student commented that she would like to see French legal sign language developed because she had to invent many signs during her study to translate courses. She also mentioned that full transcription of courses should be developed, since "C-note" and manual notetaking are not efficient enough in law studies.

On the part of the administrators there appears to be a genuine willingness to accommodate and make the programs accessible. Even the Law Societies contacted that had little or no experience accommodating students who have disabilities gave the impression that they would approach any problem or request with an open mind and a willingness to resolve the issue as equitably as possible. Policies ought to be adopted, however, to ensure that minimal standards are established and that students with a disability receive the accommodations they require. Naturally, care must be taken to ensure that a formal policy does not result in rigid rules that do not take the special characteristics of the individual into consideration. Further, students must be better informed of accommodations and attempts must be made to remove any stigma associated with receiving this help.

Several of the Law Societies contacted are working diligently to raise the level of awareness and improve services to students with disabilities. The Law Society of Upper Canada leads the way with its Student Success Centre, which provides many of the same services as Disability Resource Centres in universities. Through the Centre the LSUC is able to centralize and co- ordinate efforts among satellite centres for ongoing legal training. The LSUC’s "Bicentennial Report and Recommendations on Equity Issues in the Legal Profession" recommended measures to put its commitment to equity into everyday practice. The BAC and LSUC acknowledged that treating people identically is not synonymous with treating them equally. They recognized that granting accommodations on an ad hoc basis has proven to be unreliable, inconsistent and inequitable. The BAC appears to have accomplished its goal of dealing with both system-wide accommodation and individualized, short-term or experimental accommodation.

In British Columbia, the Law Society is currently (1999-2000) conducting research on equity issues within the legal profession. Several focus groups have been conducted in preparation for a detailed report being released in mid-2000. Alberta’s Law Society has stated that it plans to conduct its own research on equity issues in the near future.

Accommodation goes only so far to assist individuals who have disabilities. One student offered this food for thought: "I had to rely on friends and family to assist me throughout the Bar Ads given [the] very large volume of materials. I have trouble processing this volume in such a short time; many courses are only six days - barely time to read it all, let alone prepare for an exam. I would not have survived without the support of partner and friends".

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