Fellow Osgoode student Ali Imrie, a 4th year in the extended time program, has secured a clerkship with the Ontario Court of Appeal for 2022-2023. The path to clerking at Ontario’s highest court has not been an easy one for Ali, as there are a number of barriers in place for law students with disabilities. Ali explains that law students with disabilities face various barriers in academic accommodations, physical barriers, and attitudinal barriers. Students seeking academic accommodations at Osgoode must navigate the complex bureaucracies at both York University and Osgoode. While navigating these institutional barriers, students will require official diagnoses, medical documentation, and additional supporting documents, making accessing such accommodations a daunting task. Even where formal accommodations can be made, they may be insufficient to adequately ensure that students do not experience academic disadvantages because of their individual challenges.
While physical barriers constitute a different set of challenges, they are still prohibitive for students with disabilities. For years Ali has sought to ensure that York appropriately clears the snow during harsh winters so that students with mobility aids can get to class on time. Little progress has been made on this front, and while remote learning may have eased the problem for now, it cannot be ignored. Osgoode has several additional barriers that affect students with disabilities, such as mandatory attendance, which can pose a significant challenge for students with chronic illnesses and episodic disabilities whose conditions may prevent them from regularly attending class.
While the aforementioned barriers remain prevalent, attitudinal barriers have proven to be the most difficult to overcome. These attitudinal barriers stem from the overarching ableism and discrimination present within the profession. Students and lawyers with disabilities face the undue burden of overcoming the false assumptions that they are less capable, less likely to be successful, and less reliable. These barriers and many others are why Ali started the Disability Collective of Osgoode after her first year. Allie notes that it’s difficult and isolating to navigate these barriers alone, and her hope is that this group will make law school a less lonely and challenging experience as a student with a disability.
Despite the challenges she’s faced, Ali has been largely successful throughout her time at Osgoode and has landed an incredibly competitive position in this year’s recruit. Throughout the application process, Ali had to navigate the uncertainty of whether the court would be willing to let Ali work part-time as a means of accommodation. When she first reached out to court representatives to ask about such an accommodation, Ali received mixed responses – it is an accommodation that courts have not considered before, and many were unsure that it could be implemented. In light of this, Ali relied on her mentors to help her navigate the process. In particular, Professor Paciocco was incredibly supportive and helped Ali determine when and how to raise her accommodation needs with the court. Following the recruit, Ali is very grateful for the Ontario Court of Appeal’s responsiveness and commitment to accessibility throughout the recruitment process.
During her clerkship, Ali looks forward to understanding how judicial decisions are made as well as reading and watching excellent appellate advocacy. Further, despite her personal success, Ali knows that her work is far from over. She wants students with disabilities to know that there is room for them in the legal profession, even where their accommodation needs mean they may not fit within the traditional paradigm of legal employment.
Odelia Bay, a PhD student at Osgoode Hall and Co-Founder of the Canadian Association of Lawyers with Disabilities (CALD), says that Ali is a trailblazer. She is excited that Ali is opening doors by letting future clerks and the judges know that this is possible. Odelia says that this exact experience is how the profession as a whole can work together to make the profession more inclusive and accessible. Ali has set a new norm and created a path for those who follow.
Odelia, who helped turn a coffee-shop idea into the Canadian Association of Lawyers with Disabilities, said the organization was created to include disability in conversations about diversity in the legal profession. Ali’s experience, and her willingness to share it publicly, will hopefully spur more conversations about clerking with a disability. Odelia believes that a collective willingness to understand that there are many ways to work in this profession and that it is necessary to make room for those of us who do not fit the stereotypical idea of what it means to be a lawyer is what will make a difference for those with disabilities within the profession. Too often does the profession confuse what it means to be capable and professional, often applying ableist frameworks when determining a person’s ability to succeed. It’s still true that a lot of work needs to be done within the profession, Ali’s experience and success brings hope to a profession that has been struggling to find its footing with accommodation and inclusion.