On
behalf of Azim Jiwa, Executive Director and
Yvonne
Peters, Chairperson of the Manitoba Human Rights Commission
Greetings,
Please
see the attached discussion paper inviting interested parties to participate in
a round table discussion regarding the issue of Service Animals and reasonable
accommodation. The discussion will be held on Wednesday September 24, 2014, from 2:00 to 4:00 pm,
location to be determined. The attached paper will provide you with all
the details. We ask that you distribute this to any contacts who you
believe may be interested in attending.
We
look forward to your participation and hope you can attend.
Best
regards,
George Sarides
Assistant Director
Assistant Director
Manitoba Human Rights Commission
7th Flr - 175 Hargrave Street
Winnipeg, MB R3C 3R8
Direct Phone: (204) 945-5815 / Fax:
(204) 945-1292
www.manitoba.mb.ca/hrc
Service Animals and
Reasonable Accommodation
Public Consultation
Paper
June 10, 2014
Introduction
The Manitoba Human Rights Commission is asking for your
views on a range of issues relating to the use of service animals. The purpose of this Consultation Paper is to obtain
feedback from community stakeholders including users of service animals as well
as employers, landlords and service providers, that will allow the Commission
to assess what additional steps may be taken to ensure that the public is aware
of both the rights and the responsibilities involving individuals who use
service animals.
Why
is the Manitoba Human Rights Commission reviewing the issue of service animals
and accommodation?
Manitoba, like many other provinces
and territories, has human rights laws preventing discrimination against
service animal users. The Commission
frequently receives inquiries and complaints where there is an allegation that
a person who uses a service animal for their visible or invisible disability
has not been reasonably accommodated.
However, often there are situations where a landlord, employer or
service provider realizes they have an obligation to accommodate a service
animal user but they are unsure as to whether or not a particular animal is in
fact a service animal. We are aware that
in other jurisdictions there have been instances of individuals suggesting that
their pets are service animals and we want to take proactive and preventative steps
to prevent confusion. Also, we believe that the public needs to
learn more about service animals beyond the traditional guide dogs used by
people with visual disabilities.
Unlike some other provinces, Manitoba
does not have any laws which provides for certification or identification of
animals deemed to be service animals. In
both B.C. and Alberta a person can apply to the government for a
certificate/identification indicating the dog is a service animal, if it has
been trained by an approved school.
The
Manitoba Human Rights Commission is considering what, if anything, we can do to
increase awareness of rights and responsibilities regarding the use of service
animals, so as to reduce barriers that interfere with the accommodation of
those who require service animals and to clarify what is considered a service
animal.
What
is the Manitoba Human Rights Commission?
The
United Nations Universal Declaration of Human Rights declares that "All
human beings are born free and equal in dignity and rights" and recognizes
and respects the value of all people. In
Manitoba, this ideal has been translated into law by The Human Rights Code
(“The Code”) which protects
individuals and groups in Manitoba from discrimination. The Human Rights Commission is an agency
created by The Code to accept,
mediate and investigate complaints, as well as to present complaints before an
independent adjudicator. It also promotes respect for human rights and
educates the public about human rights.
What are the protections
under The Human Rights Code?
Discrimination
under The Code
is treating a person or group differently, to their disadvantage and without
reasonable cause, on the basis of an applicable characteristic,
such as ancestry,
age or disability, including reliance on a
service animal. It also
includes failure to accommodate special needs related to these characteristics.
The Code applies to activities like rental of premises,
employment and services (such as schools, restaurants, public transportation,
community centres and restaurants).
What
are the current protections under The Human Rights Code with respect to discrimination
regarding individuals who use service animals?
Currently, The Code
prohibits discrimination on the basis of disability, including reliance on a
service animal, unless the discrimination is reasonably necessary. It is very rare that it would be acceptable
to discriminate against a person for using a service animal.
For example, even if a landlord has a “no pet” policy,
such a policy should not apply to service animals. This also means that services available to
the public should generally allow service animals even where animals are
usually not allowed, such as restaurants and public transportation.
What
is a service animal under The Code?
“Service Animal,”
is defined in The Code as “an animal
that has been trained to provide assistance to a person with a disability that
relates to that person’s disability.” The disability can be visible (example:
visual impairment) or invisible (for example, epilepsy).
In its policies the Commission sets out factors to
consider in determining whether or not a particular animal meets the definition
of a service animal. Factors include:
1. Does the animal do work or
perform a task for a person with a disability, that relates to the person's
disability?
2. Has the animal been individually
trained to do work or perform a task for a person with a disability that
relates to the person's disability?
a. Examples of work or tasks
referenced above include:
§
guiding a
person who is blind or visually impaired;
§
alerting
a person who is deaf or hearing impaired;
§
pulling a
wheelchair;
§
alerting
or protecting a person who is having a seizure;
§
reminding
a person to take their medication;
§
calming a
person with Post Traumatic Stress Disorder during an anxiety attack.
Based on the above
considerations, it is acknowledged that service dogs remain the most common
form of service animal. Dogs or other animals that solely provide comfort or
emotional support do not fall under subsection 9(2)(l) of The Code.
Is there other provincial legislation dealing with
Service Animals?
The Service Animals Protection Act (not
administered by the Manitoba Human Rights Commission) makes it an offence to
touch, feed or interfere with a service animal.
In that
Act, "service animal"
means an animal
(a) trained to
be used by a person with a disability for reasons relating to his or her
disability;
(b) trained to
be used by a peace officer in the execution of his or her duties; or
(c) trained to
be used by a person who is authorized by a peace officer to assist peace
officers in their duties.
Questions to consider
1. What barriers do users of service animals face?
a. What type of locations/situations present the greatest
challenges?
2. What questions or concerns arise for people providing services,
housing or employment to those who use service animals?
3. What can the Commission do to ensure that everyone is are
aware of their rights and obligations?
4. Is not having provincial standards and identification for
service animals problematic?
a. Would it be beneficial to have provincial standards and identification?
b. Would there be any concerns with having provincial
standards and identification?
c. Who would be the appropriate authority to enforce/issue
such identification? Government? Other?
d. What factors should be considered when determining appropriate
standards?
The
Commission is inviting you to participate in a roundtable community discussion
to further discuss this issue:
When:
Wednesday September 24, 2014 2pm-4pm
Where: To be
determined
Please RSVP
no later than August 29, 2014
Manitoba
Human Rights Commission:
Patricia
Knipe
Telephone
(204) 945-5112
Toll free:
1-888-884-8681;
Please help
us keep this event scent free and advise if you require any accommodation such
as large print or a sign language interpreter.
