An Update To My Charter Challenge

By Donna Jodhan

Due to several requests for me to write about my present charter challenge in which I am suing the Canadian government over inaccessible websites, I have decided to do so and I sincerely hope that when you read my account, you will be disgusted enough to stand behind me and my lawyers and challenge our federal government to do what is right. Shocker or shaker? I'll leave that up to you but in my humble opinion! No shocker, no shaker! Just a series of consecutive mean spirited governments that have deliberately chosen to ignore our rights under the charter of rights.

My journey began over eight years ago when I decided to apply to the Public Service Commission and lo and behold! When I went to the government's website to complete job application forms, it was totally inaccessible. I spent many hours trying to catch the attention of the appropriate persons within the Public Service Commission and other relevant departments but sad to say, I was bounced from person to person and from department to department with little or no success. In 2002 I enlisted the help of my Mp to look into the matter and he got as far as getting the then minister and president of the Treasury Board Secretariat to launch a ministerial enquiry but guess what? The minister found nothing wrong with the government's websites and I was told in writing that as far as the government was concerned, their websites were very accessible.

What bothered me greatly about this is that I firmly believed that no one really took the time to read my complaint because each time I was asked why I thought the websites were inaccessible, I had to keep repeating myself and each time the same response came back telling me "Go to our websites and complete the job application form." This after I kept telling them that the job application forms were inaccessible.

In order to save time, I am now going to give you a chronological history of what has taken place up till now.

• 2000 - I made my first approach to the federal government to work with them to make their websites more accessible.
• 2002 - My MP got the president of the Treasury Board secretariat and the related minister to launch a ministerial inquiry into my complaint. No result was achieved.
• 2004 - I again attempted to complete job applications at the government's www.jobs.gc.ca website and was unable to do so independently. I had to spend much time trying to find someone within the Public Service Commission to assist me and this person helped me to complete four separate job applications. One of these applications stipulated that I had to write an exam before my credentials would be evaluated but unfortunately the department in question that was sponsoring this particular exam, refused to allow me to write the exam.
• 2005 - I filed Human Rights complaints at the Federal level against Statistics Canada for having refused to allow me to write my exam, and the Treasury Board Secretariat for not having accessible websites.
• 2006 - The complaint against the Treasury Board Secretariat was dismissed but the complaint against Statistics Canada stood. The Human Rights Commission advised me to file a complaint against the Public Service Commission and this I did.
• • 2006 - Statistics Canada refused to negotiate and chose to fight my complaint. The Human Rights Commission found in my favour and conciliation discussions began in 2007.
  • In July 2006 I started work with the lawyers at Bakerlaw to launch a charter challenge and they were successful in obtaining funding for my case through the Court Challenges program just before the Harper government scrapped this program.
  • In October of 2006 the lawyers at Bakerlaw lead by David Baker and Sarah Godwin filed a motion asking the Federal government to make their websites accessible to blind and visually impaired Canadians but the then minister the Honourable John Baird was not willing to comply so my lawyers had no choice but to proceed.
• • In April 2007 - Statistics Canada agreed to a negotiated settlement for my Human Rights complaint but in July they withdrew from their agreement saying that they would not settle with me unless I withdrew my charter challenge.
  • In February 2007 I met with the Public Service Commission to try and mediate a settlement under the sponsorship of the Canadian Human Rights Commission but a few months later they told me that they would not settle unless I withdrew my charter challenge.
  • July 2007 - Bakerlaw started proceedings to sue the government on my behalf and the following is Mr Baker's summation of the challenge as it stands at the present time.

"We initially sent a demand letter to Minister John Baird, outlining how federal government websites were inaccessible to persons with disabilities, including persons with visual disabilities, why we say this violates the rights of Canadians with visual disabilities to "equal benefit of the law pursuant to s. 15 [the equal protection clause] of the Charter of Rights and Freedoms. When Mr. Baird, on behalf of the government, was unwilling to make the requisite changes [which are both technically feasible and affordable] we filed an application with evidence of the inaccessibility and what could be done about it. The government responded with a motion to strike [dismiss] Ms. Jodhan's claim on procedural grounds. After 3 hearings in court the judge [contrary to what is reported in the CP story] found in Ms. Jodhan's favour and directed her case proceed. The government has appealed that ruling. Ms. Jodhan is not seeking financial compensation. She is seeking an order from the Court that the websites use existing technologies to make its websites accessible. That is the cases current status."

My complaint against the Public Service Commission was dismissed in 2007 but I managed to win my complaint against Statistics Canada. At the present time things are at a standstill as I wait and watch along with my lawyers for the government to do what is right. If I choose to turn my back now and do nothing then the government wins and it will mean that we continue to have to put up with inaccessible websites. I do not seek any personal enrichment for myself. All I seek is that the government works with us to make their websites accessible so that all special needs Canadians, especially blind and visually impaired Canadians, can access information and apply for jobs in the same way that mainstream Canadians can. Is this asking too much?

The road has been a very difficult one for me. I have had to endure very insulting treatment from Statistics Canada in particular and at times I have had to deal with the government telling me that they would not settle my Human Rights complaints unless I dropped the charter challenge and visa versa. The Human Rights complaints have been settled but still the government continues to waffle, sputter, and does not seem at all interested in working for the betterment of blind and visually impaired Canadians.

Recent media coverage of my case has failed to light the appropriate fire.

As an individual it is not nearly enough for me to fight this battle on my own and it is why I am asking you to join with me to help make a difference. Strength lies in numbers and if you care, if you really want to take back your rights then you will stand up for what is right and join our battle. I know, it is very easy to just curl up in a corner and say that it is too difficult to fight because the government always wins but this is a matter of principle. A matter of fighting for the kids of the future, and fighting for what is rightfully ours. A right to access information and job opportunities on an equal basis.

I'm Donna J Jodhan your free lance writer and reporterwishing you a terrific day. If you require accessibility, research, and writing services visit
www.sterlingcreations.ca

If you require translation and language related services visit
www.translationpeople.com

If you visit www.untappedwealth.com/businessdesk.html you will learn the latest news on very important issues as they happen and you can check out my weekly feature called important answers to consumers concerns. You can also check out my blogs at
www.numpadplus.com/blog

To reach me please send an email to info@sterlingcreations.ca and I would also be delighted to send you a copy of our latest newsletter.

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