jamesontheroad
OBS Chief
From the news service of the Canadian Press and Global Television Maritimes:
Wheelchair access to Via Rail cars a basic human right, says top courtJim Brown, Canadian Press
Saturday, March 24, 2007
OTTAWA (CP) - The Supreme Court of Canada, in a judgment pitting human rights against business bottom lines, has upheld a federal regulatory order that could force Via Rail to spend millions to provide better access to travellers in wheelchairs.
The closely split 5-4 decision, handed down Friday, was hailed as a legal milestone by the Council of Canadians with Disabilities, which has fought a seven-year battle with Via over the issue. "I wanted to cry, it's been so long coming," said the council's Pat Danforth, speaking from her wheelchair in the lobby of the court building.
"Finally, for people with disabilities, their right to transportation has been recognized. I feel relief that the highest court in the land has confirmed that."
Via couldn't say how long it would take to implement the order, or exactly how much it would cost. But the Crown rail corporation signalled that it won't raise the money it needs by boosting ticket prices.
"We do not anticipate that this decision would have any effect on passenger fares," said spokesman Malcolm Andrews.
Other analysts suggested the judgment could have a sweeping impact on all federally regulated transport services, including airlines and interprovincial bus lines. It could also have ramifications in labour law and other areas.
At issue before the Supreme Court were the so-called Renaissance passenger cars bought by Via in 2000 from the French manufacturer Alstom Transport. They are narrower than other cars the company operates, and have limited wheelchair tie-down space and access to sleeping facilities and washrooms.
Via has used them in the busy Toronto-Montreal-Ottawa corridor but currently employs them only on routes from Montreal to Quebec City and Halifax.
The cars were bought because they were cheaper than any alternatives, at a time when the corporation was under pressure from the federal government - its sole shareholder - to cut costs and eliminate the deficits it had been running.
Advocates for the disabled objected to their design and the Canadian Transportation Agency, in a 2003 ruling, ordered that 30 of the fleet of 139 cars be renovated to improve wheelchair access.
Via has made some modifications but had balked until now at complying fully with the directive, saying it could cost anywhere from $48 million to $92 million. Critics say those figures are grossly inflated and not backed by adequate evidence.
Although the case wasn't technically based on the Charter of Rights, Justice Rosalie Abella, writing for the court majority, cast the key issue in terms of Via's duties to the disabled under federal law.
"Independent access to the same comfort, dignity, safety and security as those without physical limitations is a fundamental human right for people who use wheelchairs," said Abella.
She acknowledged the financial cost of compliance was a legitimate issue but said the transportation agency had properly balanced it against the concerns of the disabled.
The four-judge minority agreed human rights were at stake but used different legal reasoning that gave greater weight to the financial hardships that companies may endure in accommodating disabled customers.
The transportation agency adopted a "dismissive way of addressing the cost issue" and never figured out a final price tag for the renovations it ordered, said Justices Marie Deschamps and Marshall Rothstein, co-authors of the minority opinion.
Ravi Malhotra, a University of Ottawa law professor, said the majority ruling is bound to have repercussions throughout the transportation industry and pointed to airline service as a likely future battleground.
"This is going to empower disability rights activists," said Malhotra. "If you use a wheelchair and you want to get onto a plane you're going to have all kinds of barriers that may currently exist. And that's just one illustration."
Leslie Reaume, counsel for the Canadian Human Rights Commission, said the ruling could also have an impact beyond the transport sector - for example, in labour relations and other cases heard by federal tribunals.
"It's a very important judgment," said Reaume. "We think this decision has implications for every administrative adjudicator who is dealing with a human rights issue."
She added that the ruling left room for businesses to continue arguing that they will suffer undue financial hardship in making special arrangements for the disabled. But from now on they will have to be better prepared with evidence to back their claims.
"The court in this (Via) case came to the conclusion that there wasn't sufficient evidence that the cost of accommodating people with disabilities outweighed the benefit."
© The Canadian Press 2007
