[nagdu] Proposed Service Dog Legislation in British Columbia, Canada

[Dudley Hanks]

In Canada, the Charter of Rights and Freedoms trumps this type of
legislation.

The proposed bill violates two provisions of the Charter:  the guarantee of
freedom of mobility, and the guarantee of security of person.

Since the proposed legislation would require all Guide Dog handlers to be
certified within the province, it violates the mobility clause, in that it
prevents freedom of mobility from other parts of Canada.  And, since placing
restrictions on the use of a Guide Dog could potentially endanger the safety
of the handler, it runs afoul of the security of person clause.

I've already sent letters to the British Columbia Solicitor General,
Minister Suzanne Anton, and a couple of relevant subordinates within her
department explaining my point, as well as to William Thornton, the CEO of
Alberta British Columbia Guide Dogs, who apparently supports the bill.

Actually, I had a phone conversation with Mr. Thornton this afternoon, and
he doesn't seem all that pleased that others think differently.

Oh, well, I'd say the bill has a snowball's chance in hell of going
anywhere.  And, if it gets passed, it will be struck down quickly on a
Charter challenge.

Regards,
Dudley, with Michener


-----Original Message-----
From: nagdu [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Heather Hutchison
via nagdu
Sent: March-23-15 4:03 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: [nagdu] Proposed Service Dog Legislation in British Columbia,
Canada

Hey all,

Just wanting opinions on this proposed legislation in British Columbia,
Canada, where I live (article below). I am currently between dogs but am
quite concerned about a number of things, to the point where if this
legislation passes I will have to think very hard about whether or not  to
get another guide. I am not thrilled about the requirement that all dogs
come from accredited schools, but what concerns me even more is that from my
understanding, a handler will be forced to present some sort of government
issued ID to gain access to any public facility with their dog. This seems
like a violation of privacy and human rights (especially if the handler's
name and info is on this ID), it isn't reasonable in my opinion to require
something of a service dog handler that is not required of anyone else. I
don't like the idea of giving anyone who works at a business the right to be
the service dog police, and the stress of having to defend my choice of
mobility aid at every turn and prove I'm not a fraud makes me think I might
just stick with the cane.

I was really hoping this legislation would be much closer to the ADA, sigh.

Thoughts?

-Heather


Fake ID is going to the dogs - rather too much, as it turns out. But a
proposed B.C. law aims to stop people labelling dogs without proper training
as service dogs, by creating government issued dog ID and a provincial
registry.
"It'll be a bit like a service dog driving licence if you like," Bill
Thornton, the CEO of BC and Alberta Guide Dogs, an organization that trains
service dogs, told Daybreak South's Chris Walker.
Service dogs don't just include seeing eye dogs trained to help people who
are visually impaired. They're also trained to help people in wheelchairs,
people with hearing impairments, autism or to act as seizure alert dogs.

Thornton said over the past decade it has become easier to buy fake service
dog tags and jackets online.
The identification tags allow the dog to accompany its owner to places dogs
aren't usually allowed - such as restaurants or on public transit.
Thornton said he's seeing more and more situations involving fake service
dog IDs, but it's difficult for most people to deal with.
"It is an awkward circumstance for someone to challenge someone who purports
to have a disability and they've got a jacket on the dog - it's very
difficult and often those folks behave very poorly when challenged," he
said.
He said the new law would make things better for everyone, including people
who legitimately need a service dog.
"They'll be able to check for the . licence and if you have it then you're
entitled to go in, and if you don't have it you're not entitled to come in
with the dog.
The new Guide Dog and Service Dog Act would also standardize training and
certification in the province. It has passed its first reading and is
expected to be implemented in the fall.

http://www.cbc.ca/news/canada/british-columbia/fake-service-dog-id-brought-t
o-heel-by-proposed-b-c-law-1.3003532
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