Victory for People with Disabilities

The Supreme Court of Canada has ordered Via Rail to make changes to 40 of the coaches it purchased from Europe at a bargain price in 2000 to make them more accessible to people in wheelchairs. The Supreme Court ruling on April 23 upheld a decision by the Canadian Transportation Agency (CTA), which ruled that Via had to make accessible one coach car in each day trip and one sleeper in each overnight trip. That would entail modifications to 13 economy coach cars for the day trips, and 17 service cars for overnight trips.

The court ruled 5-4 in favour of the Council of Canadians with Disabilities, which has been pushing Via to make the changes since 2000. The council objected to the design of the French-built rail cars which have been used by Via in the busy Toronto-Ottawa-Montreal corridor, as well as on routes between Montreal and the Maritimes.

"This decision puts Canada back on the map when it comes to access and travel for people with disabilities," said the council's Pat Danforth. "We have fallen so far behind the developed countries and with this decision it is now seen as a right and an obligation to assure access for people with disabilities."

Although the case wasn't technically fought on the basis of 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.

The 139 rail cars, manufactured by the French company Alstom Transport, are narrower than other cars used by Via and contain only one wheelchair-accessible sleeper suite, which can also be used to accommodate passengers on shorter day trips.

There is considerable disagreement about how much the changes will cost. Via earlier said the changes could cost between $48 million and $92 million. The Supreme Court ruling, citing the CTA decision, said meeting "the Rail Code standard of one accessible car per train could be achieved ... at a total direct cost of $673,400."

NDP Member of Parliament Peter Julian, critic for persons with disabilities, welcomed the decision of the Supreme Court today to oblige VIA rail to provide an accessible transportation system.

"This is a clear indication that there is an obligation to make Canada's passenger rail system accessible to the five million Canadians with disabilities. It provides an obligation to reverse the neglect of the previous Liberal governments. The NDP is very pleased with the decision of the Supreme Court."

Julian called upon the federal government to provide funding to Via Rail to enable the company to meet the costs and allow the kind of accessibility that is needed, as required by the Supreme Court judgment. "This would amount at most to $1.50 per Canadian with disabilities per month," said Julian.