York U Accommodation Contrary View – It’s not about sex — it’s about the law – And other commentary

The contrary view about York U and the accommodation request to be exempt from working in a mixed gender group. Lawyers (like policy analysts!) can argue anything. Reasonable accommodation requires requests to be considered but not automatically granted. Weaknesses in Albertos Polizogopoulos’ argument include:

  1. No threat to women’s equality rights: Perhaps not materially on an individual level – they can still do the course work – but certainly symbolically.
  2. Impact of the human rights of others: There is an impact in the implicit implication of the request that there would need to be a male-only work group. This impacts on both the women in the course and the men, as it would reduce the pool of men for mixed work groups (75 percent of sociology students are female in Professor Grayson’s course at York), with increased gender segregation as a result.
  3. While an exemption would have less direct impact, apart from the normal questioning why someone appears to be getting off lightly, particularly in the case of the particular student who, if accounts are correct, is enrolled in other in-person courses with both male and female students.
  4. Would Polizogopoulos argue similarly if a student, of either gender, request an accommodation to avoid being in a group with gays? With people of another faith? From another ethnic community?

And stepping beyond accommodation, the broader question of integration, and what it means to live in and participate in an integrated society, where discrimination among and between groups is discouraged (and illegal), remains. Multiculturalism and reasonable accommodation were never about “anything goes”; positions like Polizogopoulos’ undermine the case-by-case approach by forgetting the reasonable element of reasonable accommodation.

It’s not about sex — it’s about the law – New Canadian Media – NCM.

Some further commentary. starting with Maclean’s Thanks to York U’s absurd policy, Canadians know where the line is drawn on human rights:

While it apparently remains official policy at York to indulge every request for special religious treatment regardless of implication or precedent, such blind adherence to patently absurd policy may ultimately prove to be a good thing. The massive publicity given this story—it dominated national news media and online forums and has been reported everywhere from Europe to Japan to Australia—and the universal disapproval of York’s administrative position may serve as a wake-up call for Canadians, highlighting the extent to which the bureaucratic concept of human rights has lost contact with common sense.

Brian Lilley in The Sun, while usefully identifying some examples where accommodation has gone too far, takes it over the top with a colonial reference in Get a backbone, Canada: The country needs to regain its cultural confidence:

Canada, and the western world in general, needs to find its backbone, it needs to regain its cultural confidence that stood for basic rights for all.

In the 1840s, when Sir Charles Napier was governing a large part of India, he is said to have witnessed an attempt to practice suttee, the burning of a widow on her husband’s funeral pyre. His response could instruct us today in standing up for our principles.

“You say that it is your custom to burn widows. Very well. We also have a custom: When men burn a woman alive, we tie a rope around their necks and we hang them.

“Build your funeral pyre; beside it, my carpenters will build a gallows. You may follow your custom. And then we will follow ours.”

We need to find that backbone again before Canada is no longer recognizable.

Lastly, the questionnaire and responses by Professor Grayson’s students on the requested accommodation and approach, where students were divided in their response (bit.ly/1dyPJCj or Organizations and Human Rights):

It is clear from the foregoing analysis that students in Sociology 3480 are divided on the accommodation requested by the male student in the scenario presented. Some see the request as consistent with the student’s religious rights.  While others acknowledge religious rights, they also believe that the exercise of the male’s religious rights conflicts with the rights of females in the class. A number of females in this latter group clearly articulated that were a similar accommodation granted in their class they would be outraged, feel that they were victims of discrimination, and some would take action to rectify the situation.

York U: Professor Grayson’s Chronology and Paper on

A long and detailed chronology on the York U accommodation request by Professor Grayson. He was conscientious in considering the request for accommodation, and made the right call in declining the request. He applied common sense and judgement. Worth reading for those interested, and well worth reflecting upon how we maintain the reasonable in reasonable accommodation, without having to go down the unproductive route of trying to codify everything (i.e., not follow the Quebec model):

York University: Prof Grayson Paper on Erosion of Female Rights

York dean has ‘regret,’ but defends religious-accommodation choice – The Globe and Mail

As noted in an earlier post, Andrew Coyne has it right (York accommodation and Quebec values charter aren’t opposites, in fact they are the same); the problem is not the policies, laws and regulations, it is the absence of good judgement in its application:

In an interview, York provost Rhonda Lenton said if the student had made the same request for an in-class course, rather than one offered online, “I think that would be highly unlikely that the university would agree to grant such accommodation.”

After consulting York’s legal counsel and human-rights officials concerning the Ontario Human Rights Code, however, Dr. Singer also concluded that granting the accommodation “would have no substantial impact on the experience of other students.” And he suggests “the student would presumably not have enrolled” had the course not been advertised as exclusively online, even though Dr. Grayson says he knows the student has taken in-person courses at York.

“I wish I had had another choice, but neither I, nor those who advised me, believe that I did,” Dr. Singer’s letter concludes.

York dean has ‘regret,’ but defends religious-accommodation choice – The Globe and Mail.

York U Accommodation: Quebec and Other Commentary

More on the York University accommodation case.

No surprise, but Minister Drainville tries to portray Quebec as ahead of the curve, and that similar debates over approaches will occur in English Canada. He misses the point: debate over what is reasonable will always occur, the question is whether, and how far, one can codify this or handle issues on a case-by-case basis, subject to laws, regulations, and values. Ontario rejected sharia (and other faith-based) religious tribunals and funding for faith-based schools. While the risk of ad hoc case-by-case approaches is that sometimes administrators will get it wrong (as did York), government charters will likely get it more wrong, impacting more people, as the QC charter indicates.

Religious rights controversy will spread across Canada, PQ minister warns – The Globe and Mail.

Drainville also has an interview stating that the Charter is an indispensable tool to against fundamentalism. But why such a broad approach if it is really the small percentage of fundamentalists in all religions?

Charte de la laïcité: «Indispensable» contre l’intégrisme

Andrew Coyne reminds us that judgement, not trying to codify everything, is a better approach. Professor Grayson exercised good judgement, York U administration did not, particularly given that part of their mission statement includes:

A community of faculty, students, staff, alumni and volunteers committed to academic freedom, social justice, accessible education, and collegial self-governance, York University makes innovation its tradition.

York accommodation and Quebec values charter aren’t opposites, in fact they are the same

The Globe editorial, while raising some valid points (the sky is not falling over this request) and ends up on the correct note, nevertheless views this as a complex case, in addition to slamming Justice Minister MacKay for his jingoistic – but correct – response:

What has been overlooked to some degree is the fact that, when the student was initially turned down, he accepted the decision and agreed to attend the online course’s group session. York officials were right to reconsider the student’s request after the professor’s refusal. Their decision to accommodate him, on the grounds that the course is online, is not something we support, but it’s not inherently objectionable – especially because the school implied it would not have made the same decision if the request had come from a student taking a regular, in-class course. This is a hard case, on which reasonable people can and do disagree. What cannot be in dispute is this: York’s decision is not a slippery slope leading to segregated classrooms.

Reasonable accommodation at York is not a slippery slope 

Reasonable Accommodation: What is Reasonable? – New Canadian Media

My piece on reasonable accommodation, trying to clarify what is reasonable and what is not, focussing on common spaces, common norms, and encouraging participation, and providing examples of what is more or less reasonable:

Reasonable Accommodation: What is Reasonable? – New Canadian Media – NCM.

York University Accommodation Controversy

No surprise, that editorial and other commentary is uniformly in favour of the York U Professor Grayson and against York U Admin (University stands by controversial decision to allow female-free schooling for religious student).

National Post editorial board: Rights crusaders run amok at York University | National Post.

York professor was right to deny student’s request to work apart from women: Toronto Star Editorial

York U prof won’t let male student opt out of working with female classmates – Sun

Ottawa Citizen Editorial: Unreasonable accommodation

 What York University forgot: Gender equality is not negotiable  (Sheema Khan)

Interesting, in Quebec media only (to date), Professor Grayson was quoted in being in favour of the Quebec Charter of Values:

« Tout ceci indique qu’il y a un certain besoin pour le genre de choses qui sont débattues au Québec, lance Paul Grayson en entrevue téléphonique avec Le Devoir. Nous avons des universités publiques. Elles doivent être laïques. On ne peut pas avoir des droits religieux qui ont préséance sur les droits laïques des étudiantes. »

Un prof réclame une charte pour le Canada

Sikh student who won kirpan case now considers leaving Quebec

A good update on the person who prompted one of the more significant reasonable accommodation cases before the Supreme Court, Gurbaj Multani, who insisted on his right to wear the ceremonial kirpan to school. The Court ruled in his favour, but imposed conditions (i.e., it had to be  sewn into clothing). Needless to say, the proposed Quebec Charter sends a signal to citizens like Multani that they are not fully welcome or accepted.

Sikh student who won kirpan case now considers leaving Quebec

Charte des valeurs québécoises – ​Une fuite mal reçue | Le Devoir

In what can only be seen as playing to xenophobic tendencies, inspriré à la française, the Parti Québecois’s leaked proposal for a Charter of Quebec Values, that would exclude any government employee in any function (e.g., hospitals, schools, garbage collection, the list is endless) from wearing any religious sign. Laicisme extrème.

Rather than addressing the political reality of Quebec feelings of vulnerability through the more nuanced approach of the Bouchard-Taylor Commission’s laïcité ouverte (see Rapport Bouchard-Taylor – Pourquoi la laïcité ouverte ? | Le Devoir) , where the only those government posts where government neutrality must be explicit (e.g., law enforcement, judges, President of the Assemblée national), the PQ went for an exclusionary, divisive approach.

Encouragingly, whether it was a trial balloon, all opposition parties in the Assemblée nationale have spoken against it as have many Quebec commentators (in English Canada, when we poll people about comfort level with religious signs, discomfort increases with the degree of religiosity expressed, but people have largely come to terms with this as part of living in a diverse society). Expect of course that other views will also come out, as is normal in any public debate, and we shall see whether the PQ succeeds in making this a wedge issue.

And of course, no such law would survive challenge under any human rights legislation in Quebec or Canada, not to mention the Canadian Charter of Rights and Freedoms.

Lots written on this and a selection of articles below for those interested.

Charte des valeurs québécoises – ​Une fuite mal reçue | Le Devoir.

 Opinion Quebec’s Putinesque idea to ban religious garb from public workplaces – Globe and Mail

Échecs identitaires La rentrée promet un retour en force de nos chicanes habituelles. Et la chicane la plus attendue est certainement le débat sur les «valeurs québécoises», Actualité

Turbans, kippas and crucifixes could be banned in Quebec public institutions under PQ proposal, National Post

L’interdiction des symboles religieux serait une erreur, selon Charles Taylor, La Presse

Turbans, hijabs, kippas face restrictions in Quebec, Macleans

Chris Selley: Resisting multiculturalism, one packed lunch at a time | National Post

Yet another eruption over what should be a non-issue – bringing halal or kosher food to an amusement park. And fairness does not have to mean identical treatment.

Chris Selley: Resisting multiculturalism, one packed lunch at a time | National Post.