15.1	Unresolved issues – A Few Concluding Observations

Canadian law schools have come a long way in advancing their awareness of disability rights and accommodation needs. Institutionalized policies are in force at all Canadian law faculties. Most are flexible in their approach to meeting reasonable requests for accommodation and are genuinely committed to diversity. That said, respondents to our surveys and focus group questions stated clearly that they see scope for improvement. While students and lawyers with disabilities are increasingly making their presence felt on campuses and in courtrooms, the continuing reality is that they are often not afforded equal access in educational or professional spheres.

A recurring theme arising in the survey results and focus group discussions was the need for students to take control of the process and self-advocate tirelessly for their rights and required accommodations. Participants frequently cited a need for individuals to be assertive and not to assume that their needs will be either understood or met. Nonetheless, most (but not all) survey respondents would recommend law school as a choice for other students who have disabilities. A few respondents, obviously disillusioned by their experiences, would recommend law school reluctantly, while two said they would recommend against attending law school.

All survey respondents experienced frustration and barriers in at least one aspect of their legal education. The usual stresses inherent to law school are exaggerated for students who, in addition to satisfying the requirements of the curriculum, may spend considerable time and effort locating and fighting for assistance. This prospect is unlikely to deter candidates from pursuing a legal education, however, since most students with disabilities have already surmounted considerable odds during undergraduate studies.

Admissions equity programs have met with some success in increasing the representivity of first year law classes with regard to students with disabilities. The value of these programs is diluted, however, if students are not given the accommodation tools to succeed while at law school and during the bar admissions process. While bar admissions programs and the legal profession have experienced an increase in representation of people with disabilities, there remain barriers to equal employment opportunities for law graduates with disabilities.

We hope that you found this guidebook useful and that it assists you in making choices and securing accommodations that are right for you. The leading authorities for the insights we have reported have been law students and lawyers across Canada, as well as individuals who work daily to implement accommodations in law schools and universities and in training courses for lawyers and notaries. This closing chapter concludes by presenting additional observations drawn directly from our project research, thus giving lawyers and law students the last word on trends and unresolved issues.

The following recollections and recommendations were gathered from surveys, interviews and focus group discussions across Canada in 1999-2000.

"The application process for law school can be a real ordeal. You must write a gazillion letters. Voice-recognition technology is not always friendly, and may be quite incompatible for filling in forms. The admissions process for the discretionary category required me to explain the same things in different ways to many different people. Applying on-line is much easier. The applicant can cut and paste information into the application."

"Why can't they simply do a telephone interview?"

"Students with disabilities are often left to their own devices, to work on barriers one step at a time. There is no one-stop shopping. The process of trying to get the various accommodations can break the student down. I have two full-time jobs. One of them is managing my disability."

"Because of the amount of time I have to take in preparing for classes, law school becomes a lifestyle".

"Some schools do not value the opinion of the individual student enough with respect to the accommodations needed by him/her."

One student suggested that law schools should get together to share costs of ensuring that course materials are accessible. "There is no reason other than competition why some standard core courses and materials could not be prepared that were fully accessible on the Internet or on diskette."

"It would be good if the results of this Reach Project were made available to all students on the first day of compulsory classes."

"My disability changed over time, so the kind of accommodations that I needed also changed."

"What is very important is that the law school take the attitude that if new issues arise regarding accommodations, we’ll listen and we’ll try to accommodate."

With respect to reasonable accommodations, this was the considered opinion of one law graduate on the correct approach for law schools to take:

"It is wise for the law school to tell the students that although they have general guidelines, they cannot anticipate every problem that the individual might encounter. A message should be announced loud and clear that each student with a disability can be assured that the law school will try to accommodate for the specific needs that are encountered."

Table of Contents