57Saskatchewan The Saskatchewan Human Rights Code
The provisions of the Code take precedence over UBAS. Under the Code, any building open to the public must be accessible. Where discrimination is based on disability, the Code requires a service provider to take steps to accommodate the needs of people with disabilities unless those steps cause undue hardship. What constitutes undue hardship varies from case to case. Some factors the courts have considered to determine what constitutes undue hardship include:
A threat to health or safety,
Major economic impact,
Past efforts to accommodate, and
Facilities and size of organization or workplace
Since the Code is complaint-based, the duty to accommodate is only enforced when someone files a complaint of discrimination. However, remedies for individual complaints often benefit many people. In the vast majority of cases, the parties negotiate accommodating measures that are within the businesses’ means and are acceptable to the person with the disability.
Accessibility rights confirmed in law
In February 1996, the Saskatchewan Court of Appeal released an important decision that confirmed the accessibility rights of persons with disabilities under the Code. At the same time, it clarified the relationship between the Code and UBAS. The Court of Appeal held that accessibility could be required by the Code in some situations where UBAS does not apply.224
Education, Occupations and Employment
Persons with disabilities have the right to participate in education, occupations and employment without discrimination pursuant to sections 9, 13 and 16 of the Code. Accommodations must be made to allow persons with service animals to access educational services and fully participate in their occupations and employment. The Commission recognizes that relationships in the areas of education, occupations and employment often endure for extended periods. Individuals requiring accommodation in education, occupations and employment are often required to produce evidence supporting their need for accommodation. Persons with disabilities should be prepared to produce a training certificate to confirm the specialized nature of their service animals.
Exceptions to the Duty to Accommodate
The duty to accommodate does not mean that every accommodation request must be granted. In rare cases, accommodating a service animal could represent an undue hardship. An example of an undue hardship would include a situation where the attendance of a service animal presents an unreasonable risk to health or safety. Minor irritation, limited financial costs, or unsupported fears of property damage, do not represent an undue hardship. Unless an undue hardship can be established, the duty to accommodate a service animal applies in the areas of employment, education and access to public services and facilities.225
Government Policies and Programs Disability Strategy
In the fall of 2013, Government of Saskatchewan established a 15-member Citizen Consultation Team (CCT) to design and lead a province-wide consultation process and to use this input to develop a provincial Disability Strategy.
The Disability Strategy is all about making Saskatchewan a more welcoming, responsive, innovative, accessible and inclusive province so that people who experience disability can live the life they choose. It is also about ensuring the benefits of the province‘s growth benefit all people.
The Strategy aims to include a range of impacts of disability and will identify the support and service needs of children and adults with physical, sensory, psychiatric, cognitive, and intellectual disabilities.
The Strategy will focus on providing supports and services to individuals who have a disability, but will also recognize the role of family and caregivers in supporting persons with disabilities. All of these people ‘experience’ disability.
The Strategy intends to respond to the impacts of disability by identifying needed changes and supports in the priority areas identified in the Saskatchewan Plan for Growth: housing, transportation, employment, education, support for caregivers, and community inclusion. The Strategy may also include other priorities identified through the consultation process.
The Disability Strategy will move beyond financial considerations. Not all changes to programs and services will require new investments: for example, policy changes to increase access to programs may be all that is need to significantly improve service in a given program.
The timeline for the strategy extends to 2020. While some recommendations and actions that come out of the Disability Strategy may be implemented right away, many others will take time to plan and initiate.
While Government has a lead role, other key stakeholders also have a significant role in improving programs and services for people with disabilities (e.g., other levels of government and industries).226
Grants/Programs for Students with Disabilities Saskatchewan Student Loan Program
The Saskatchewan Student Assistance Program consists of a number of plans, grants and programs to assist qualified Saskatchewan students in realizing their post-secondary education and career goals.
The federal and provincial governments offer repayable financial assistance as a supplement to the full-time student's and/or family's resources under the following programs. The Canada Student Loans Program provides 60 percent (to a maximum of $165 per week of study) of a student's total assistance; and the Saskatchewan Student Loans Program provides the remaining 40 percent (to a maximum of $110 per week of study). In addition, under the Special Incentive Plan eligible students may receive an additional $110 per week of study in provincial assistance.
Students are automatically assessed for assistance under the Canada and Saskatchewan Student Loans Programs when they apply using the appropriate application for the loan year in which their course begins.
Federal administrative criteria are used by the Student Financial Assistance Unit to determine the applicant's financial need. In calculating need, the allowable expenses (tuition, books, supplies and living expenses, etc.) are determined and the resources available (including contributions by the student and/or parental/guardian/sponsor, in which the financial contribution is based on total combined parental income and family size) are subtracted. Assistance is awarded where need is demonstrated. To qualify for a Saskatchewan Student Loan, the full-time student must meet the above eligibility criteria for Canada Student Loans. In addition, the student must not be in default on a previous Saskatchewan Student Loan and the course must be taken in Saskatchewan unless:
The student is enrolled in a program which is not offered in Saskatchewan; or
The student is enrolled in a graduate degree program outside Saskatchewan; or
The student is not able to obtain the program in Saskatchewan because of a quota system (for example, the program is offered in Saskatchewan but space is not available); or
The student is not able to obtain the program in Saskatchewan because the student's marks were insufficient for acceptance in a Saskatchewan school; or
The student is receiving advanced post-secondary credits that will reduce the length of the program by at least one full semester; or
The student is receiving a major scholarship this year that reduces the total cost of tuition by at least $1,500 below the cost if the student remained in Saskatchewan; or
The cost of tuition at the out-of-province school is $1,500 or more below these costs at a Saskatchewan school; or
The student was attending a program of more than one year in length outside Saskatchewan prior to 1997/98 for which the student received Saskatchewan Student Loans and wishes to continue studies at the same program at the same school; or
The student's spouse, who is also a student, qualifies for provincial assistance under one of the above criteria.227
As a full-time student in Saskatchewan, students are eligible for up to $210 per week in federal loans. One of the benefits of the full-time Student Loans Program is that it does not charge interest until students have left school. Interest accumulates from the month after students graduate or stop going to school, but they are not required to make payments until six months later. As a full-time student in Saskatchewan, they are also eligible for up to $140 per week in provincial loans.
To be eligible for a full-time student loan in Saskatchewan, students must be
a resident of Saskatchewan
enrolled in a degree, diploma or certificate program that runs for at least 12 weeks in a 15-week period at a designated institution
taking at least 60 percent of a full course load
Part-Time Student Loans
As a part-time student in Saskatchewan, they are eligible for up to $10,000 total in federal loans. Part-time Canada Student Loans differ from full-time loans in that interest accumulates while they are in school. However, part-time students are not required to make principal payments until they graduate or stop going to school.
To be eligible for a part-time student loan, students must be
enrolled in a degree, diploma or certificate program that runs for at least 12 weeks in a 15-week period at a designated institution
taking between 20 percent to 59 percent of a full course load
Saskatchewan Student Bursary
The Saskatchewan Student Bursary is available for students who study at the undergraduate or below level. Students may receive up to $140 per week of study to maintain student loan debt at $210 per week of study. The Saskatchewan Student Loan Bursary is credited to the student‘s account at the end of each study period.
Post-Secondary Education Case Studies University of Saskatchewan: Disability Services for Students
The University of Saskatchewan provides Disability Services for Students. The Disability Services for Students (DSS) assists students by offering programs and advocacy services - fostering an accessible and welcoming campus.
Types of disabilities:
Medical-based Disabilities - any degree of physical disability, infirmity, malformation or disfigurement.
Learning Disabilities: any intellectual disability or impairment, mental disorders or learning disability or a dysfunction in one or more of the processes involved in the comprehension or use of symbols or spoken language (this does not include struggling with English as a second language).
Services provided by DSS include:
Exam/Academic Accommodations
Note taking
Alternate Format Textbook
Classroom Changes
Library Assistance
Assistive Technology
Definitions of Accommodations
Advocacy and Mediation
Disability Services for Students represents students with disabilities in negotiation with the University, colleges and professors. The office accomplishes this by:
Ensuring that the campus is accessible for students with disabilities
Developing a confidential file for a personalized assistance strategy
By acting as mediator between students and the University administration or between students and faculty, the office aims to ensure that students are treated in an equitable manner, and to minimize obstructions to success for students at university.
Examples of mediation services include:
Course grievances
Student / administration negotiations
Student / professor negotiations228
University of Regina
In collaboration with Facilities Management, the Centre for Student Accessibility strives to create an accessible, barrier-free campus. Buildings on the main campus are wheelchair accessible and have interior travel routes, accessible parking and washrooms, and power-assisted door operators and elevators in many locations. Please note that not all areas of the College Avenue Campus are wheelchair accessible.
Parking
Accessible parking is offered for the disabled.
Residence
Residence Services offers various accessible living options including accessible suites and private bedrooms for students requiring barrier-free living accommodations.
Snow Removal
Facilities Management aims to keep main access routes clean and clear as early as possible after each snowfall, however, navigating campus can be a challenge in Saskatchewan winters.229
Saskatchewan Polytechnic disability services include:
Reserved seating: As part of the Saskatchewan Polytechnic Education Equity initiative, a percentage of seats in each certificate and diploma program are available to persons with disabilities.
Reasonable accommodations: While the definition of a reasonable accommodation is much larger, in this context a reasonable accommodation is intended to remove barriers resulting from a disability. Reasonable accommodations and services may include:
Extra time, quiet or private space for exams
A reader or scribe for exams
Reduced course load
Peer note-taker
Alternate-format course materials
Assistive technology
Ergonomic chairs or other equipment
Reasonable accommodations are provided to make the learning environment more equitable. Accommodation does not require Saskatchewan Polytechnic to lower its academic standards or to relieve the student of the responsibility to develop the skills and competencies expected of all students.
Funding for learning supports: The Direct Student Access Fund provides last-resort funding for students with a disability at Saskatchewan Polytechnic to obtain required accommodations. Requests for such funding should be made through disability services.
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