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CAPR Wins Human Rights Challenge

In 2016, an exam candidate – after failing the Physiotherapy Competency Exam 3 times and losing eligibility for future attempts – claimed his test anxiety constituted a disability that should be accommodated with an additional attempt at the exam. When CAPR refused to provide him an additional attempt, he complained that we discriminated against him on the grounds of mental and physical disability. He filed a complaint with the BC Human Rights Tribunal.

The Decision

In January 2017, the Tribunal dismissed the complaint. It stated that in this case “there was no reasonable prospect that [the candidate’s] complaint could succeed because there is no evidence that he had a mental or physical disability within the meaning of the Code”.

The Rationale

The Tribunal cited a previous decision: “A bare assertion of pain or anxiety is not…a sufficient basis upon which to allege that one has a mental disability”. CAPR is pleased that the BC Human Rights Tribunal has supported its position and feels that the finding provides some clarity for future decisions relating to test anxiety.