Duty to Accommodate

Human Rights in British Columbia 

Providing Services to the Public and Accommodation with ASL - English Interpreters

Information on this page is provided as general guidance and is not a substitute for legal advice.


This page contains the following topics:


Overview of the BC Human Rights Code:

In British Columbia, the Human Rights Code [RSBC 1996, c 210] (the "Code") ensures that people are protected from discrimination when accessing services that are available to the public. The Code specifically prohibits discrimination based on protected characteristics such as disability. The Code specifically references provision of service to the public is section 8:

Discrimination in accommodation, service and facility

8  (1) A person must not, without a bona fide and reasonable justification,

(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.

(2) A person does not contravene this section by discriminating

(a) on the basis of sex, if the discrimination relates to the maintenance of public decency or to the determination of premiums or benefits under contracts of life or health insurance, or

(b) on the basis of physical or mental disability or age, if the discrimination relates to the determination of premiums or benefits under contracts of life or health insurance.

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01#section8

The Code works alongside the Canadian Charter of Rights and Freedoms, which guarantees equality rights and protection from discrimination by the government. However, the Code applies to private sector activities, while the Charter applies to government actions. When providing public services, organizations must make sure that they are accessible to everyone, including individuals who communicate using American Sign Language (ASL). This is part of their legal obligation under the duty to accommodate.


What is the Duty to Accommodate:

The duty to accommodate means that employers or service providers have a responsibility to make reasonable changes to rules, policies, or spaces to allow individuals with protected characteristics (like disabilities) to fully participate in work, housing, or services. This duty applies in many situations but is often discussed in employment or service contexts. Its purpose is to remove barriers that may prevent people from taking part equally. For people who are Deaf or hard of hearing, this often involves providing ASL-English Interpreters to allow effective communication.

For example, in a healthcare setting, a hospital or clinic may need to provide an ASL-English interpreter to ensure that a Deaf patient can understand important information about their medical treatment. The same applies in other services offered to the public where clear communication is critical.

While the duty to accommodate is a legal requirement, it is not unlimited. Service providers must accommodate people to the point of undue hardship, which means they only need to go as far as is reasonable without causing significant difficulty or expense. The Supreme Court of Canada set out the legal standard for this in cases like British Columbia (Public Service Employee Relations Commission) v. BCGSEU (1999) and McGill University Health Centre v. Syndicat des employés (2007). These cases explain that service providers must consider accommodation options and cannot refuse to provide an ASL-English interpreter without good reason.


What constitutes Undue Hardship:

Employers and service providers are required to accommodate people until it reaches a point called undue hardship. This means they must accommodate unless it would cause a serious burden, such as extreme financial costs, health and safety risks, or a major impact on other employees or service users. This is the point where providing an ASL-English Interpreter would place too great a burden on the service provider, either due to excessive costs, significant health and safety risks, or major disruption to the service.

In the Supreme Court case Central Okanagan School District No. 23 v. Renaud (1992), it was decided that organizations must provide clear evidence to show that accommodating someone would create undue hardship. This means a service provider can't claim undue hardship based on minor inconveniences or costs. They need to show that providing an ASL-English Interpreter would create a serious financial or operational burden.

In some cases, the cost of providing an ASL-English Interpreter may be significant, but that alone does not automatically amount to undue hardship. The service provider must carefully evaluate whether the cost is reasonable, considering the overall resources of the organization. In British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights) (1999), the Court emphasized that accommodations must be made unless there’s a substantial reason not to, and the rights of individuals to access services must be weighed against the legitimate needs of the organization.


What About Federally Regulated Sectors:

The informaiton provided on this page is specific to British Columbia. However, the Canadian Human Rights Act and the Canadian Human Rights Commission establish similar protections at the federal level and for federally regulated sectors. More information about the Canadian Human Rights Act and the Canadian Human Rights Commission can be found in the additional resources section of this page.


Summary:

In summary, service providers in British Columbia have a duty to accommodate individuals who need ASL-English interpreters to access services. This duty continues until it reaches the point of undue hardship, which requires a high level of proof from the service provider. Providing ASL-English interpreters is part of creating an inclusive and accessible environment for all members of the public.

As the information above is general, determining Undue Hardship is complex, and handling a human rights complaint be can a long and expensive process, seeking legal advice and thoughtful consideration of all the factors of a situation is advisable before asserting that an accommodation would cause undue hardship.


Additional Resources:

BC Human Rights Tribunal - https://www.bchrt.bc.ca/human-rights-duties/

BC Government's Human Rights Protection Webpage - https://www2.gov.bc.ca/gov/content/justice/human-rights/human-rights-protection

BC's Office of the Human Rights Commissioner Employment Equity Toolkit - https://bchumanrights.ca/resources/employment-equity-toolkit/

Canadian Human Rights Act - https://laws-lois.justice.gc.ca/eng/acts/h-6/

Canadian Human Rights Commission - https://www.chrc-ccdp.gc.ca/en