Thank you.
My name is Gabriel Reznick. I am here on behalf of ARCH Disability Law Centre, along with my colleague, Ilinca Stefan.
ARCH is a specialty legal clinic clinic that practices exclusively in disability rights law. ARCH has made multiple submissions related to the accessibility of airlines; the Accessible Canada Act, the ACA; and the Accessible Transportation for Persons with Disabilities Regulations, the ATPDR.
Accessible transportation is a human right held by all, and it is essential for realizing full and equal participation of persons with disabilities in Canada.
The purpose of the ATPDR is to provide technical requirements that support the full inclusion and equality rights of persons with disabilities in accessing transportation, a purpose that is in line with the ACA. It is essential that this committee reflect on this purpose when drafting your report.
ARCH provides legal services to persons with disabilities who face barriers with air travel. Currently, ARCH is representing Tim Rose in his case against Air Canada, which is at the Federal Court of Appeal.
Since we are actually litigating this case, we cannot talk about it other than in a general manner. In this case we are defending the Canadian Transportation Agency, the CTA's decision, which ordered systemic remedies to make air travel more accessible for persons using mobility devices. We are happy to provide a copy of the CTA's decisions to the clerk following our submission.
In addition to Mr. Rose's case, we have been contacted by many persons with disabilities who face barriers when accessing transportation from a variety of airlines. We have also received consistent feedback from the disability communities in Ontario and across Canada about these barriers. Our following submissions are based on these cases, as well our institutional knowledge in this area.
I'll raise two main points today.
Firstly, through our work ARCH has learned that airlines are using the ATPDR to minimize their legal obligations to accommodate persons with disabilities, which is the complete antithesis to the purpose of the ACA and the ATPDR. ARCH has consistently raised this concern ever since the development of the ATPDR.
Airlines must be reminded that the duty to accommodate, under the Canadian Human Rights Act, applies equally to them as to other service providers.
Under the ATPDR, section 2 states that regulations have no effect on existing legal obligations, including the “duty to accommodate under the Canadian Human Rights Act”. In addition section 2.1 of the ATPDR states that the “Regulations are to be interpreted as requiring that persons with disabilities be treated with dignity.”
This committee should recommend that the Government of Canada and the CTA reaffirm the ATPDR's clear direction that airlines must comply with accessibility regulations, and in doing so confirm that persons with disabilities have the right to be accommodated on an individual basis and with dignity, ensuring equal access to transportation.
Now, I will go to my second point. As was just well described, accessible transportation is essential for persons with disabilities in Canada. Airlines and airplane manufacturers must implement a plan for universal design, including in procurement, in order to eliminate barriers that continue to exist in every facet of air travel. There is a need for airlines and aircraft manufacturers to investigate possible modifications to aircraft and airline equipment to allow for fully accessible air travel.
Common accessibility issues that we know of include being separated from a mobility device during travel, which may lead to damage to their device; airlines not accepting mobility devices on cargo space, which often leads to not being able to travel whatsoever; inaccessible washrooms; and inaccessible on-plane entertainment systems, call buttons and announcements.
We recommend that this committee and Parliament urge airlines to proactively procure devices that are accessible, and work to modify existing devices to ensure accessibility.
Thank you for the opportunity to appear before you. I'll be happy to answer any of your questions.