Press Release
STM AND DISCRIMINATION IN PUBLIC TRANSPORT:
HUMAN RIGHTS COMMISSION DECISION REDUCES RIGHTS OF PERSONS WITH DISABILITIES
Montreal, April 11, 2017 – The RAPLIQ strongly criticized a recent decision concerning discrimination in public transportation in Montreal, which the Commission on Human Rights and Youth Rights (CDPDJ) recently made last month.
We will remember the historic complaint filed on December 8, 2011 by seventeen (17) people with disabilities against the Société de transport de Montréal (STM), based on the reason for the disability. In the weeks that followed, other people also filed their complaint.
Each of these complaints referred to the discriminatory factors experienced by people with disabilities within the STM, whether it is adapted transportation, their access to regular buses and the poor accessibility of the metro. Some of these complaints were brought by RAPLIQ and others were not.
On March 15, the complainants were informed by a resolution of the CDPDJ, dated January 19, 2017, that it was closing the files, for lack of proof of discrimination they suffered between 2008 and 2011, in public transportation to Montreal. However, each of these complaints was well documented and all the information provided by the complainants was fully verifiable.
However, without ruling on whether or how each person was refused equitable access to public transportation, the Commission concludes that the complaints “relate to the quality of the service offered rather than its accessibility” on the one hand and on the other hand, that the STM “has put in place reasonable accommodations, within the limits of undue hardship, to provide transportation for people with reduced mobility”.
Consequently, it considers that “the evidence available to it at the end of the investigation is insufficient to bring the case before a court”.
The RAPLIQ is particularly concerned about the way in which the Commission assesses the STM’s defense of reasonable accommodation. It notes that during the five years of investigation, the Commission retained no independent and objective expertise to determine whether the measures implemented by the STM were effectively adequate to reduce the inaccessibility of its buses and its stations. metro, and how the changes sought constitute “undue hardship” for the company.
The RAPLIQ has no evidence to the effect that the Commission has internal expertise to determine the validity or legitimacy of the STM’s position regarding the “excessive” budgetary and operational constraints it would face for accommodate disabled users.
According to Ms. Linda Gauthier, president of RAPLIQ, this decision reduces the rights of people with disabilities by at least 10 years.
Ironically, 2017 marks the 10th anniversary of the Supreme Court of Canada’s decision in the Via Rail case (in March 2007). In that ruling, the Supreme Court upheld another court decision forcing Via Rail to fit out its cars to make them accessible to people in wheelchairs, at the cost of millions of dollars.
“When a Human Rights Commission has taken five years to investigate complaints of discrimination in public transit that affects thousands of users, it is expected that there will be rigorous analysis, know-how and above all, compliance with current case law, ”said Ms. Gauthier.
To add Mr. Steven Laperrière, member of the RAPLIQ Board of Directors, “In addition, we have the clear impression that, when reading this resolution, the Commission has a certain bias in favor of STM and that it does not want to go to the Human Rights Tribunal to contest what is clearly a case of systemic discrimination against people with disabilities ”.
“With this decision, the Rights Commission has adopted an approach that effectively deprives people with disabilities not only of the right to equitable access to public transportation, but also of remedies against both direct and systemic discrimination in all sectors, because from now on, we have to prove that each complaint of discrimination implies inaccessibility and poor quality of service, ”deplores Ms. Gauthier.
RAPLIQ also raises questions about the Commission’s decision-making process.
On January 19, 2017, there was only one Commissioner for Human Rights (Me Pascale Fournier). It is not known whether Ms. Pascale Fournier participated in the Complaints Committee (composed of three commissioners) responsible for the decision. The other members in office at the time are all youth rights commissioners (Ms. Jocelyne Myre and Isa Iasenza, and Messrs. Gilles Fortin, Martial Giroux and Bruno Sioui, and Camil Picard, the latter being Vice-President, Human Rights youth, and acting as interim president until the new president takes office in February.
RAPLIQ lawyers are analyzing the various avenues for the future.
Note that the RAPLIQ filed a class action lawsuit against the STM, considering that it could not constantly meet at the CDPDJ to deal with individual complaints. This motion will be heard by the Superior Court on April 19 and 20.
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For info :
| Linda Gauthier |
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| President (514) 656-1664 www.rapliq.org |
“RAPLIQ is an organization dedicated to defending and promoting the rights of people with disabilities and aiming to eradicate the discrimination often made against them. “