Released on June 22, 2011
The Saskatchewan Human Rights Commission today announced the settlement of a complaint against the Ukrainian Co-operative Association Limited. The complaint was made by JB, who uses a scooter and a service dog and who said a new front entranceway to the store was not accessible.
In announcing the settlement, Human Rights Commission Chief Commissioner David Arnot encouraged employers and public services to ensure that their premises are accessible to wheelchair users and others with mobility impairments.
"As our population ages and more disabled individuals access the marketplace, it is vital that public enterprises adapt to these new realities," Arnot said.
The Chief Commissioner also noted that current shortcomings in Saskatchewan's accessibility regulations can lead to human rights complaints. Regulations under UBAS (the Uniform Building and Accessibility Standards Act) contain detailed accessibility requirements for new commercial buildings and major renovations or additions, but they do not apply to renovations or additions which are less than 600 square metres in area (approximately 6,500 square feet).
"UBAS represented a major step toward equal access" Arnot said. "But its 600 square metre exception is too large. Because the renovations in this case were just less than 600 square metres, UBAS did not require the respondent to make its entrance accessible."
The Saskatchewan Human Rights Code also protects accessibility rights. It applies to all public services, regardless of their size, but only requires service providers to take reasonable steps up to the point of undue hardship to make their premises accessible. What is considered reasonable can vary, depending on the size and resources of an organization. In 1996, the Saskatchewan Court of Appeal confirmed that the prescriptive, mandatory requirements of UBAS and the right to file a complaint under the Human Rights Code are complementary legal protections.
"People need to know before they build that they have obligations under the Code as well as UBAS," Arnot siad. "We recommend that UBAS spell this out and that service providers be told of their human rights obligations when they are given a building permit. The SHRC will also do what it can to prevent complaints of discrimination through its information services."
The SHRC has identified accessibility for persons with disabilities as a commission priority in its systemic advocacy program.
"Our goal is to be both preventive and proactive,"Arnot said. "We want to use public education, partnerships and advocacy to prevent potential incidents of discrimination, while seeking broad, positive changes which will make our community a place for all."
The "AccessAbility" page of the commission's website contains a detailed discussion of UBAS and the Code at www.shrc.gov.sk.ca.
In settling JB's complaint, the Ukrainian Co-operative Association Limited agreed to improve the accessibility of its store by installing an automatic door, building an indoor concrete ramp, designating at least one parking space for persons with disabilities, installing signage to direct customers to the accessible entrance, and training staff about the importance of maintaining the barrier free entrance. It also agreed to pay JB $1,000 in compensation.
Last year, the commission received 87 complaints of discrimination based on physical disability. They represented 47 per cent of all new cases.
Arnot expressed his appreciation for the Co-op's willingness to amicably settle this complaint and improve accessibility to its store.
-30-
For more information, contact:
Rebecca McLellan
Saskatchewan Human Rights Commission
Regina
Phone: 306-787-2530