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Support CCD's Disability Rights Defense Fund (CCD-DRDF)

It must be understood that litigation is NOT CCD's preferred strategy for removing barriers. CCD would rather be working collaboratively with Government in areas of law and policy reform. Certainly this would be more cost effective and productive, however, since no dialogue on social policy currently exists, litigation becomes an option simply because other avenues are closed. CCD would prefer to be in dialogue with Transport Canada on numerous issues but at present the Department has shown no interest in talking with the disability community about how barriers might be removed.

In May 2008, CCD learned that the Federal Court of Appeal rejected Air Canada's and WestJet's bid to appeal the Canadian Transportation Agency's (CTA) positive decision regarding passengers with disabilities who require additional seats when travelling by air. The CTA ruled that a passenger with a disability should not be required to pay for additional seats required to accommodate his/her disability. Through this legal initiative, begun in 2002, CCD is working to eliminate another barrier to the full and equal participation of persons with disabilities. By August, CCD learned the airlines were seeking leave to appeal to the Supreme Court.

CCD's victory in the VIA Rail case, where the Supreme Court of Canada strongly upheld the equality rights of persons with disabilities, undoubtedly contributed to the positive CTA decision in the One Person/One Fare case. The language in the VIA Rail Case, regarding accessibility and ensuring no new barriers will be created, will stand the disability community in good stead for years to come.

Also in May, the Federal Court of Canada quashed the Canadian Human Rights Tribunal decision in Bob Brown's case concerning the lack of universal access provided by the York Street Steps in Ottawa. CCD intervened in this case, making strong arguments concerning universal design and the importance of consultation with the disability community when developing an accommodation. CCD seeks on-going involvement in test cases such as this.

CCD is concerned, however, about whether we will have sufficient resources in the future to continue fighting discrimination in the courts. CCD has made extensive use of the Court Challenges Program (CCP) to support its equality rights litigation. CCP was defunded by the current government and thus access to justice for persons with disabilities and other disadvantaged groups is seriously limited. A case like CCD's seven year battle with VIA Rail can expend in excess of $500,000 in legal fees alone. The One Person/One Fare case has only been possible because of the considerable support of our legal counsel David Baker of bakerlaw.

To begin to address our concerns about funding future litigation, CCD has established a Disability Rights Defense Fund. This fund has been established to offset some of the costs of litigation, however at present, it can realistically only support interventions, not the taking forward of cases where CCD is the plaintiff. CCD is beginning a campaign to build a more substantive Fund and to this end thus we seek your support. This Fund accepts charitable donations earmarked for litigation and CCD is seeking contributions from its network and beyond to support the Disability Rights Defense Fund.

The Court Challenges Program was founded in 1987 to administer funding for equality rights and language rights test cases. The Federal Government withdrew funding from this vitally important community organization in 2006, severely limiting access to justice for equality seeking communities, such as persons with disabilities. Unwilling to have the termination of the CCP hamper its ability to seek justice through the courts, CCD is developing new strategies, such as the CCD-DRDF, to bolster its capacity to fight discrimination. At the same time, CCD continues to call upon the Federal Government of Canada to reinstate funding for the CCP. Our litigation track record demonstrates how important access to the courts is when it comes to the elimination of barriers.

The One Person/One Fare case and the VIA Rail case are not the only instances where legal action has strengthened the rights of persons with disabilities in Canada. CCD has been involved in many of the landmark cases that have helped to bring down barriers that were preventing the full and equal participation of Canadians with disabilities. CCD has used the Canadian legal system to advance jurisprudence on the following issues:

• the accommodation of people with disabilities in employment (Bhinder, O'Malley, and Grismer) cases
• access to long term disability benefits (Gibbs) case)
• how equality is defined under the Charter of Rights and Freedoms (the Andrews case, the Lovelace case)
• inclusive education (Eaton case)
• the right of deaf people to have interpreters in medical settings (Eldridge case)
• the application of the proscribed legal penalties when the victim of a killing is a person with a disability (Genereux and Latimer) and
• the equal protection of the law (Latimer case)

CCD intervened in these cases to share with the court a disability rights perspective on the issues under consideration. Through CCD's intervention, the judges had the opportunity to benefit from the collective experiences of the disability rights community and the analysis of human rights by legal experts fully informed by disability experience.

There are always new cases making their way through the legal system. In many instances, the courts need to hear the disability rights perspective on the issues being resolved. Your contribution to the CCD-Disability Rights Defense Fund will assist CCD to participate in equality rights cases of critical importance to Canadians with disabilities.

The Council of Canadians with Disabilities is a registered charity. Donations are tax deductible and you will receive a charitable tax receipt for 100% of your gift to CCD. To minimize administrative costs, the CCD uses the services of CanadaHelps for on-line donation transactions. CanadaHelps is a secure and easy way to give. Of course, donations can also be mailed to: CCD, 926-294 Portage Avenue, Winnipeg, Manitoba, R3C 0B9.