Canada’s Proposed Disability Act: Improved Access to Justice, Air Transportation & A Federal Commissioner–Let’s do it!

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The issues relating to accessibility laws are ones that I have been studying for a number of years. They are also quite important to me as a person with a disability. As a law professor, one of my primary research … Continue reading

The Accessibility for Manitobans Act: Ambitions and Achievements in Antidiscrimination and Citizen Participation

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 by Laverne Jacobs*, Victoria Cino** and Britney DeCosta***    (Forthcoming in the Canadian Journal of Disability Studies) The Accessibility for Manitobans Act [1] (AMA) came into force in December 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The … Continue reading

The Universality of the Human Condition: Theorizing Human Rights Claims for Transportation Inequality by Persons with Disabilities in Canada

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By Laverne Jacobs, Associate Professor of Law, University of Windsor Canada[1] Here is an excerpt from my latest paper which explores transportation equality challenges for persons with disabilities in Canada, human rights decisions, and in which I propose a new … Continue reading

Ontario’s Community Treatment Order Regime: A Look at its Potential Adverse Consequences

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By Alicia Maiuri, J.D. 2015, University of Ottawa Faculty of Law While the protection of the public safety is a legitimate and often cited reason to enact or amend legislation, concern should also be had to the potential adverse impacts … Continue reading

Stott v Thomas Cook Tour Operators: Human Rights Left without a Remedy?

By Laverne Jacobs (Associate Professor, Windsor Law)
and Chandima Karunanayaka (JD/MSW Candidate ’16)

Mr. Stott was a passenger with a mobility limitation. He was a permanent wheelchair user and paralyzed from the shoulders down. In 2008, he and his wife booked a return flight through Thomas Cook Tour Operators.  Due to his physical condition, Mr. Stott requested at the time of booking that his wife be seated next to him as she assisted with his personal care during flights. The airline reassured him that this request would be honoured. The outbound flight passed without incident. However, the request was not complied with on the return flight. At check-in, when Mr. Stott was told that his wife would not be seated next to him, the crew informed him that the matter would be resolved at the gate. But, at the gate, Mr. Stott was told that passengers had already boarded the aircraft and no other arrangements could be made. The airline made no attempt to ask nearby passengers to relocate to accommodate Mr. Stott. Continue reading