A. Ville de Montréal must respect the fundamental rights protected under the Canadian Charter of Rights and Freedoms and the Québec Charter of Human Rights and Freedoms.
If necessary for the protection of his or her fundamental rights, a citizen may ask for certain reasonable accommodations with respect to the rules and policies usually applied by Ville de Montréal.
The duty to provide reasonable accommodations only exists when fundamental rights are at stake: the goal is to promote integration and avoid ghettoïzation. The accommodation must, however, be reasonable and should not impose an excessive burden on Ville de Montréal.
If a request for reasonable accommodation is rejected by City representatives, the citizen may ask the OdM to intervene to try to settle the matter: the OdM will make a neutral and independent analysis of the file and, if necessary, intervene between the municipal authorities and the concerned citizen. The OdM may also decide to engage in formal mediation with the parties.
In instances where a fundamental right is not at stake, Ville de Montréal is not legally obliged to accommodate. Nonetheless, the City may still wish to provide some special adjustment, so as to encourage the integration and participation of all citizens to the community life of Montréal. Such privileges are on a voluntary basis only and do not bind Ville de Montréal for the future. The OdM may also play a facilitating role with regard to this type of situation.
