Canadian Human Rights Commission Welcomes a Key Decision for Deaf and Blind Persons

Canadian Human Rights Commission Welcomes a Key Decision for Deaf and Blind Persons Ottawa - January 27, 2009 - The Canadian Human Rights Commission applauds today's Canadian Human Rights Tribunal decision involving Mr. Eddy Morten and Air Canada as welcome news for Deaf and Blind persons. In a decision issued yesterday, the Canadian Human Rights Tribunal upheld Mr. Morten's complaint alleging that Air Canada had discriminated against him on the basis of his disability, contrary to s. 5 of the Canadian Human Rights Act, by requiring him to travel with an attendant. Mr. Morten, who is Deaf-Blind, convincingly testified that he was well able to travel independently. "This decision is important in reaffirming the cornerstone principle of human rights legislation that all individuals should be given the same opportunities and chances in society," said the Commission's Senior Counsel, Philippe Dufresne. "It sends a clear message that persons with disabilities have a right to equality, respect and dignity, and a right to make for themselves the lives they are able and wish to have." The Canadian Human Rights Commission fully participated in the hearings. The Commission argued that Air Canada came to the conclusion that Mr. Morten required an attendant without assessing his individual circumstances. The Tribunal reiterated the principle enunciated by the Supreme Court that an individual assessment is necessary when dealing with a disability rather than arriving at a blanket conclusion. In doing so, the Tribunal agreed with the Commission that individual circumstances must be taken into account. The Tribunal's decision is a victory not only for Mr. Morten but also for all Deaf-Blind people in Canada. The Tribunal ordered Air Canada to work with the Commission to develop a new policy which does not discriminate against Deaf-Blind persons. The Commission is committed to pursuing its efforts to promote and advance accessibility and human rights for people with disabilities

 

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