May 7, 2008 For Immediate Release
The Federal Court of Appeal has denied Air Canada and Westjet's application
for leave to appeal a historic decision of the Canadian Transportation
Agency (CTA) that allows Canadians with disabilities to travel by air
without having to pay for a second seat to accommodate their disabilities,
whether for themselves or their attendant.
In January 2008 the CTA ruled on a complaint launched by the Council of
Canadians with Disabilities (CCD), the late Eric Norman and Joanne Neubauer
seeking to ensure that persons with disabilities traveling by air would not
have to pay for a second seat for their attendant or because of the nature
of their disability. Train, bus and marine services do not charge for
additional seats. Only the airlines made people with disabilities
effectively pay double what others pay to fly.
"CCD is ecstatic over the decision of the Federal Court of Appeal." said
Marie White, Chair of CCD. "We knew the airlines did not have a legal
argument. They were simply trying to stall implementation of the CTA
decision and thus save money by continuing to discriminate against people
with disabilities," said White.
"Canadians with disabilities have been raising this issue for over 20 years
and the decision of the Federal Court of Appeal says to the airlines they
must abide by the CTA decision. Finally this issue is put to rest and once
again the courts have made it clear that people with disabilities must be
accommodated," said Pat Danforth, Chair of CCD Transportation Committee.
CCD thanks David Baker our legal counsel for his long and determined
support. CCD also thanks the CTA for understanding the importance of this
issue and the strong decision they handed down.
CCD calls upon the Minister of Transport to regulate access to federal
transportation systems thus making it clear that carriers must remove
barriers to the mobility of Canadians with disabilities. "It is time for
the Department of Transport to show some leadership and lessen the burden
disabled persons and their organizations are having to bear through long
hard fought legal battles like this and VIA Rail," said Laurie Beachell, CCD
National Coordinator.