November 20, 2008   

Canadians with Disabilities Win Another Historic Transportation Access Battle

Today the Supreme Court of Canada denied Air Canada and WestJet’s request to appeal the decision of the Canadian Transportation Agency which requires the airlines to accommodate persons who need additional seating space because of their disability.  The Council of Canadians with Disabilities (CCD) launched this action in 2002 to remove a long-standing barrier to the travel of persons with disabilities.  People with disabilities who required an attendant in flight to assist them with services not provided by flight attendants and persons with disabilities who required additional seats were having to pay for two airfares.  This decision now brings planes into line with other modes of transportation such as rail, bus and marine who do not charge for additional seats.

“We celebrate this decision and are thrilled to see the removal of another long-standing barrier to our mobility and travel,” said Pat Danforth, Chair of CCD’s Transportation Committee.  “What continues to be a concern, however, is that we are being forced to pursue legal action to ensure accessibility of our national transportation system.  Where is the federal government’s leadership on this issue?  We urge the Government of Canada to regulate access standards for persons with disabilities on all federally regulated transportation systems,” said Danforth.

“We have been victorious in two major transportation access battles in the past 8 years,” said Marie White, Chairperson of CCD.  “First we fought VIA Rail’s purchase of inaccessible passenger rail cars all the way to the Supreme Court of Canada and now we have made the airlines more accessible as well,” said White.  “These victories are to be celebrated but they could have been more appropriately handled through the development of access regulations by Transport Canada,” said White.

CCD urges the Government of Canada to move away from voluntary codes of practice and regulate the industry to ensure that the equality guarantees of the Charter are made real and that Canadians with disabilities have equal access to the goods and services of Canada.  CCD urges the airlines to speedily implement this decision.  Access for Canadians with disabilities has been denied long enough.

Canadians with disabilities take heart that the Courts have upheld, and continue to uphold, the equality rights of persons with disabilities.