Authors

Diane Brown

Document Type

Conference Paper

Publication Date

6-2010

Subject Area

Mobility - Disabled, Mobility - Wheelchair, Transport planning - Accessibility planning, Transport policy - Transport exclusion, Mobility - Disability Discrimination Act

Abstract

Section 5 of the Canada Transportation Act describes Canada’s National Transportation Policy as follows: “It is declared that a competitive, economic and efficient national transportation system that meets the highest practicable safety and security standards and contributes to a sustainable environment and makes the best use of all modes of transportation at the lowest total cost is essential to serve the needs of its users, advance the well-being of Canadians, and enable competitiveness and economic growth in both urban and rural areas throughout Canada.” The policy goes on to say that to achieve these objectives, among other things, the transportation system must be “accessible without undue obstacle to the mobility of persons, including persons with disabilities.” As the economic regulator for the federal transportation system, the Canadian Transportation Agency’s mandate is exercised in a way that supports Canada’s National Transportation Policy. The Canadian Transportation Agency is an independent federal agency responsible for dispute resolution and economic regulation in the Canadian transportation industry. It works to remove obstacles to the mobility of persons with disabilities by developing regulations and voluntary codes of practice, and by resolving individual disputes formally through adjudication and informally through mediation and facilitation. In this paper, I will discuss how the Agency balances the often conflicting economic interests of transportation service providers and the equality rights of persons with disabilities within Canada’s federal transportation network. I will also describe some recent landmark Agency decisions that illustrate this delicate balancing act and a ruling by the Supreme Court, Canada’s highest court, that clarified the Agency’s mandate and jurisdiction in dealing with accessibility issues.

Rights

Permission to publish the abstract has been given by TRANSED 2010, copyright remains with them.