Please write an essay based upon the foregoing fact scenario that scrutinizes whether Ms. Stuart will succeed in her section 15 Charter claim against the University. Remember to address whether the Charter applies to this situation and whether her equality rights have been violated under section 15. If Ms. Stuart’s equality rights have been violated please also explain if that violation can be justified under section 1 of the Charter. Please remember to fully justify your legal position within the terms of the relevant Constitutional case law.

Ms. Emily Stuart, a third year student at the University of Nanaimo has launched a legal action against her school for failing to accommodate her “visual allergies” to various “trigger objects” on campus. These “trigger objects” include items such as cactuses, escalators, tall people and the colour mauve. She alleges that when exposed to the sight of “trigger objects” she develops a significant shortness of breath, a cough and will, if exposed long enough, break out in hives all over her body (with the exception of her face). Ms. Stuart condition has worsened over time and she has not been able to attend school since the fall semester commenced.

Ms. Stuart’s general physician, Dr. Kermit Duck has verified his patient’s condition as being both a physical and/or mental disability in a letter and requested significant accommodation for his patient. As a result of this medical opinion, Ms. Stuart has asked the University to develop zones free of “trigger objects” much like peanut free zones in cafeterias in order to accommodate her medical condition so that she may return to school and finish her degree in Environmental Studies. She has begun to develop an extensive list of objects, including the items listed above, that she requires the University to ban from her sight while she is on campus attending classes.

Mr. Douglas Moorhead, the University’s Chancellor has publicly commented that this request would set a “dangerous precedent” and the University has refused to accommodate Ms. Stuart’s request in any way. In response, she has retained the law firm Dewey, Zuem & Howe to take action against the University for unreasonably refusing to accommodate her disability. Her lawyer at the firm, Mr. Howard Mandel, has alleged, as a part of the legal action, that the University violated Ms. Stuart’s equality rights under the Charter of Rights and Freedoms.

Please write an essay based upon the foregoing fact scenario that scrutinizes whether Ms. Stuart will succeed in her section 15 Charter claim against the University. Remember to address whether the Charter applies to this situation and whether her equality rights have been violated under section 15. If Ms. Stuart’s equality rights have been violated please also explain if that violation can be justified under section 1 of the Charter. Please remember to fully justify your legal position within the terms of the relevant Constitutional case law.

A link to a C.B.C. Radio interview with Emily Stuart may be available at (http://www.cbc.ca/player/play/2310871451 ) that students may rely upon to supplement, but not alter, the facts outlined above.