\u201cOn 15th October, 2015, MS Jacqueline Beltgens, a BC Human Rights Tribunal Member, set blind people’s access rights back 40 years,\u201d says Oriano Belusic, First Vice President of the Canadian Federation of the Blind. <\/p>\n
Although conceding Mr. McCreath was clearly a victim of discrimination under section 8 of the human rights code, MS Beltgens found, despite a lack of evidence, that Victoria Taxi\u2019s policy of permitting drivers to deny access was not a violation of the human rights code. Beltgens accepted hearsay comments from the Victoria Taxi manager and dismissed the case. <\/p>\n
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Beltgens also ruled that, because a taxi arrived quickly to replace the one that refused McCreath service, discrimination should be rebranded as just an “inconvenience.\u201d <\/p>\n
Belusic asks, \u201cwas Rosa Parks only inconvenienced?\u201d <\/p>\n
The BC Guide Animal Act says that blind people and their guide dogs have a right to unimpeded access \u2013 this right is not an accommodation under that law. Beltgens ruled against a blind person with a proven disability in favor of a taxi driver with an unproven disability claim. <\/p>\n
Graeme McCreath, the blind man who was refused service in a very public manner on the streets of Victoria on the evening of July 15, 2014, says, \u201cDiscrimination is always unjust, humiliating and gets to the soul, but when the BCHRT targets the disadvantaged we truly have a broken system. If the BCHRT cannot provide justice where can blind people turn?\u201d <\/p>\n
\u201cAn independent review is the only recourse after such a decision, since the tribunal is clearly ruling in a manner that contravenes the principles in the Guide Animal Act and the recently passed Guide and Service Dog Act,\u201d states Belusic<\/p>\n