[blindlaw] ADA from Canada?

[E.J. Zufelt]

Good evening Keith,

Thanks for the information.

With the ever increasing globalization of commerce and employment these 
issues are very important to be studied and discussed.

I think that there are definitely pros to having a comprehensive disabillity 
statute like the ADA.  However, one of the weaknesses is in the negotiations 
and compromises that come out of the process of creating the statute.

In Canada we definitely have nothing as comprehensive as the ADA. 
Nevertheless, we do have general human rights statutes in each jurisdiction 
which incorporate disability as one of the grounds that cannot be 
discriminated against.  A lot more work in some cases to prove that the 
general applies to the specific, however, less barriers in that we do not 
have specifics that "specifically" prevent actions in particular areas. 
Giving a bit of freedom to the courts to use reason in their application of 
the law, novel idea.

We, at least in the jurisdictions I have studied, do not have a specific 
wording of "public accomodations" but more genearally "provision of 
services".  That being said we have nothing that explicitly prevents 
information systems from being inaccessible to individuals with 
disabilities.  Although it has never been tested, I imagine that "provision 
of services" would be extended to encompass Internet retail or service 
provision, that is if the issue wasn't privately settled first.

Thanks,
Everett


----- Original Message ----- 
From: "Keith Vick" <keith-vick at msn.com>
To: "'NFBnet Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Wednesday, December 03, 2008 8:55 PM
Subject: Re: [blindlaw] ADA from Canada?


> Hi,
>
>
>
> I realize that it has been awhile since this question was posed.  The 
> reason
> why I am answer this question with such a delay is that I went over a case
> today and thought of the issue posed by Mr. Zufelt's question: does the 
> ADA
> 'extend' to employer activities in Canada in the provision of services or
> employment?
>
>
>
> I think the answer is a maybe.  A recent case on this issues is Spector v.
> Norwegian Cruise Lines, 125 S. Ct. 2169 (2005).  In Spector some disabled
> cruise passengers and their companions--alleging, among other matters, 
> that
> physical barriers on two of the company's Bahamas-registered ships had
> denied the disabled passengers access to various facilities.  The Supreme
> Court held that "[a]lthough, in some circumstances, a general statute will
> not apply, absent a clear statement of congressional intent, to certain
> aspects of the internal operations of foreign vessels temporarily in 
> United
> States waters [nevertheless] [t]he cruise ships in question fell within
> Title III's definitions of 'public accommodation' and 'specified public
> transportation.'" (emphasis added).
>
>
>
> Hence, some parts of the ADA do apply to events occurring outside the
> territory of United States.  However, this does not mean that Title I
> (employment) would likewise apply to employer activities in Canada.  A 
> court
> could distinguish employment activities in Canada from the facts in 
> Spector
> on several factual basis: employment activities v. public accommodations,
> Canadian soil v. temporary docking in US waters, etc.
>
>
>
> Please keep in mind that I am not an attorney.  I am merely a law student
> interested in the ADA.  Also, I am not providing legal advice with this
> email. I am merely discussing legal issues.  For legal advice, find a
> competent attorney.
>
>
>
> I hope this helps.
>
>
>
> Keith Vick
>
>
>
>
>
> -----Original Message-----
> From: blindlaw-bounces+keith-vick=msn.com at nfbnet.org
> [mailto:blindlaw-bounces+keith-vick=msn.com at nfbnet.org] On Behalf Of E.J.
> Zufelt
> Sent: Wednesday, July 23, 2008 8:13 PM
> To: blindlaw at nfbnet.org
> Subject: [blindlaw] ADA from Canada?
>
>
>
> Good evening,
>
>
>
> I have to admit that living in Canada I am quite unfamiliar with the 
> powers
> and jurisdiction of the ADA.
>
>
>
> Does the ADA assist individuals from other countries who are discriminated
> against by U.S. companies in the provision of services or employment?
>
>
>
> Thanks,
>
> Everett
>
>
>
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