What is the legal basis for the disabled students right to access at the University?
The disabled student’s right to access comes from s.3 of the B.C. Human Rights Act. That section prohibits the denial of, or discriminatory provision of, a service or facility customarily available to the public because of “physical or mental disability” without a bona fide reason. In University of British Columbia v. Berg the Supreme Court of Canada decided that once a student gains entrance to the university, he or she becomes the “public” served by the university. It is this relationship that makes the student part of the “public” to whom the university owes the obligation.
