The Federal Court of Appeal recently handed down a ruling in CCD's ongoing battle to make VIA Rail's Renaissance cars accessible that denies the equality rights of Canadians with disabilities. The decision does not dispute the fact that VIA's Renaissance cars are inaccessible and present barriers to Canadians with disabilities. What the Court did was allow VIA's appeal of the Canadian Transportation Agency decision that found 14 barriers for people with disabilities. The Court in essence says that the Agency erred by not looking at the whole "network" of passenger services and determining how that "network" could overcome the barriers caused by the Renaissance cars.

In 2000 the Government of Canada gave VIA Rail new money to purchase new passenger rail cars. The Minister of Transport at that time promised Canadians with disabilities that whatever was purchased would be accessible. Yet, VIA Rail purchased 139 used surplus cars from Alstrom in France - cars designed for the Chunnel and thus narrower than the standard passenger rail car in Canada. These cars were refused a license in Britain because they were inaccessible. Canadians with disabilities therefore have been put in a position of having to fight to ensure that there is an accessible washroom and tie down area in the coach cars for persons who use wheelchairs, that the doorways are wide enough to ensure easy access and that the so called "accessible suite" is fully accessible. Canadians with disabilities have not at present challenged the totally inaccessible sleeper car.

"CCD calls on Minister Lapierre to intervene and make sure that the promise made to Canadians with disabilities is kept," said Eric Norman, a member of CCD's Transportation Committee. "In the last election, the Liberal Party asked Canadians to re-elect them because they would keep their promises and deliver on their commitments. What about the promise that these cars would be accessible? Was that just more empty words?" asks Laurie Beachell, CCD National Coordinator.

CCD sees the VIA Rail issue as a significant erosion of access. CCD views the Court of Appeal decision as an erosion of equality. Canadians with disabilities are being told that they are not equal citizens in this country. CCD and other disability groups do not accept these regressive actions. "We have tried to work collaboratively with government but frankly we see little in the way of results. CCD wants the introduction of strong accessibility regulations. We no longer trust the "good intentions" and "rhetoric" of either the industry or the government," said Pat Danforth Chair of CCD's Transportation Committee.

CCD has recently conducted a study of transportation accessibility in Britain, Europe, United States and Australia and compared it to Canadian access standards. Canada is by far the least accessible and progressive. CCD's report "Moving Backward: Canada's State of Transportation Accessibility in An International Context" clearly documents the erosion of access in Canada.

 

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Relevant Links

 

Information on Accessible Travel from the Transportation Committee of the
Council of Canadians with Disabilities (CCD)

Federal Court of Appeal Tells Canadians with Disabilities Separate is Equal - Council of Canadians with Disabilities (CCD) Press Release dd March 15, 2005

Ruling for VIA Rail disappoints disabled - Court quashes order to modify 139 cars
Paul Waldie, Globe and Mail dd March 11, 2005

Via Rail Decision dd March 3, 2005
Federal Court of Appeal - VIA Rail Canada Inc. v. Canadian Transportation Agency, 2005 FCA 79

CCD Letter to Minister of Transport dd January 6, 2005
CCD suspends participation/withdraws from the Advisory Committee on Accessible Transportation (ACAT)

Moving Backwards: Canada's State Of Transportation Accessibility In An International Context
Researcher: David Baker, Final Report to the Council of Canadians With Disabilities (CCD)

The Lemieux-Brassard Case
Air Travel for People Who Use Wheelchairs

Guide dog, trip out in the cold; Vacation scuttled at last minute
Bruce Owen, Winnipeg Free Press Staff Reporter, Winnipeg Free Press dd 12 January 1997

Via Rail Appeals the Ruling
CCD Press Release dd December 3, 2003

Canadians with Disabilities Win Battle with VIA Rail
CCD Press Release dd October 29, 2003

Air Canada and Via Rail Ignore Disabled in New Services
CCD Press Release dd August 20, 2001

Disabled Canadians Win First Round with VIA Rail
CCD Press Release dd February 22, 2001

VIA Rail Defies Canada's Accessibility Laws
CCD Press Release dd February 1, 2001

Via Rail Stopped in Its Tracks
CCD Press Release dd January 26, 2001

VIA Wants Canadians with Disabilities to Pay for their Rights
CCD Press Release dd December 20, 2000

Is Via About to Waste Tax Payer Dollars?
CCD Press Release dd December 5, 2000

Other Links

Canadian Transportation Agency - Accessible Transportation

Transport Canada - Accessible Transporation Unit