Miss-Delectable
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CNW Telbec
Federal Court of Canada requires better access to government agencies and
the democratic process for Canadians with hearing loss.
On Friday, August 11, 2006, the Federal Court of Canada released a decision that has significant implications for access of deaf, deafened, deaf-blind and hard of hearing Canadians to the federal government.
Citing the 1997 Supreme Court of Canada Eldridge decision, the Federal
Court ruled that the Canadian Association of the Deaf (CAD) (as represented by Deaf lawyer, Scott Simser), and Deaf individuals James Roots, Gary Malkowski, Barbara Lagrange and Mary Lou Cassie were denied the services of sign language interpreters during access to the policy development process; opportunities to contract with the federal government; and, to participate in the Statistics Canada Labour Force survey.
"As Canadians, deaf persons are entitled to be full participants in the
democratic process and functioning of government," states the Honourable
Mr. Justice Mosley in his written judgment. "It is fundamental to an inclusive
society that those with disabilities be accommodated when interacting with the institutions of government."
The decision included three important declarations:
a) Where a deaf or hard of hearing person receives services or
participates in programs administered by the Government of Canada,
sign language interpreters are to be provided.
b) Where the Government of Canada engages in public or private
consultations with non-governmental organizations in the development
of policy and programs in which the deaf and hard of hearing have
identifiable interests, sign language interpreters must be provided
where organizations of deaf and hard of hearing people wish to be
involved.
c) In the above circumstances, the Government of Canada is responsible
for the cost of access.
"This is vindication for the equality of Deaf people," proclaimed Sheila
Carlin, President of CAD which represents 300,000 Deaf people. "The Federal
Court has said unequivocally that we are entitled to equal treatment. Now we
want to see all levels of government live up to that truth."
"We should no longer have to re-litigate Eldridge," said Jim Roots,
Executive Director, CAD. "This decision sends a clear, direct statement that
governments everywhere in Canada have to provide full and timely access to
Deaf and hard of hearing Canadians, and not just in services, but also with
respect to the democratic process."
"For Deaf, deafened, deaf-blind and hard of hearing individuals, this is
a tremendous victory both in terms of equal citizenship and language rights,"
says Kelly Duffin, President and CEO of The Canadian Hearing Society. "We are
also extremely pleased to see the inclusion of written and electronic media
which presumably would extend to captioning, a text accommodation often
required by deafened and hard of hearing Canadians who don't use sign
language."
"It feels like the end of the Berlin Wall," says Gary Malkowski, CHS
Special Advisor to the President, Public Affairs. "The barriers are about to
start coming down."
For further information: Sheila Carlin, President Canadian Association
of the Deaf, (204) 284-9373 (TTY), (204) 284-0802 (Voice),
scarlin@mobility.blackberry.net, www.cad.ca; Adrienne Clarke, Manager, Public
Relations, The Canadian Hearing Society, (416) 928-2500, Ext 284 (Voice),
(416) 964-0023 (TTY), aclarke@chs.ca, www.chs.ca; Scott Simser, Lawyer
(representing CAD), simser@rogers.blackberry.net (pager),
scott@simserconsulting.com (e-mail)
Federal Court of Canada requires better access to government agencies and
the democratic process for Canadians with hearing loss.
On Friday, August 11, 2006, the Federal Court of Canada released a decision that has significant implications for access of deaf, deafened, deaf-blind and hard of hearing Canadians to the federal government.
Citing the 1997 Supreme Court of Canada Eldridge decision, the Federal
Court ruled that the Canadian Association of the Deaf (CAD) (as represented by Deaf lawyer, Scott Simser), and Deaf individuals James Roots, Gary Malkowski, Barbara Lagrange and Mary Lou Cassie were denied the services of sign language interpreters during access to the policy development process; opportunities to contract with the federal government; and, to participate in the Statistics Canada Labour Force survey.
"As Canadians, deaf persons are entitled to be full participants in the
democratic process and functioning of government," states the Honourable
Mr. Justice Mosley in his written judgment. "It is fundamental to an inclusive
society that those with disabilities be accommodated when interacting with the institutions of government."
The decision included three important declarations:
a) Where a deaf or hard of hearing person receives services or
participates in programs administered by the Government of Canada,
sign language interpreters are to be provided.
b) Where the Government of Canada engages in public or private
consultations with non-governmental organizations in the development
of policy and programs in which the deaf and hard of hearing have
identifiable interests, sign language interpreters must be provided
where organizations of deaf and hard of hearing people wish to be
involved.
c) In the above circumstances, the Government of Canada is responsible
for the cost of access.
"This is vindication for the equality of Deaf people," proclaimed Sheila
Carlin, President of CAD which represents 300,000 Deaf people. "The Federal
Court has said unequivocally that we are entitled to equal treatment. Now we
want to see all levels of government live up to that truth."
"We should no longer have to re-litigate Eldridge," said Jim Roots,
Executive Director, CAD. "This decision sends a clear, direct statement that
governments everywhere in Canada have to provide full and timely access to
Deaf and hard of hearing Canadians, and not just in services, but also with
respect to the democratic process."
"For Deaf, deafened, deaf-blind and hard of hearing individuals, this is
a tremendous victory both in terms of equal citizenship and language rights,"
says Kelly Duffin, President and CEO of The Canadian Hearing Society. "We are
also extremely pleased to see the inclusion of written and electronic media
which presumably would extend to captioning, a text accommodation often
required by deafened and hard of hearing Canadians who don't use sign
language."
"It feels like the end of the Berlin Wall," says Gary Malkowski, CHS
Special Advisor to the President, Public Affairs. "The barriers are about to
start coming down."
For further information: Sheila Carlin, President Canadian Association
of the Deaf, (204) 284-9373 (TTY), (204) 284-0802 (Voice),
scarlin@mobility.blackberry.net, www.cad.ca; Adrienne Clarke, Manager, Public
Relations, The Canadian Hearing Society, (416) 928-2500, Ext 284 (Voice),
(416) 964-0023 (TTY), aclarke@chs.ca, www.chs.ca; Scott Simser, Lawyer
(representing CAD), simser@rogers.blackberry.net (pager),
scott@simserconsulting.com (e-mail)
