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

[Heather Hutchison]

Dudley,

Thank you very much for this information. I am glad there are others with concerns as well. I figured it was a violation of something but wasn’t sure what exactly the legal issues would be. I will definitely be writing letters as well and hope that others who are concerned will do the same.

-Heather
On Mar 23, 2015, at 9:14 PM, Dudley Hanks <dhanks at dudley-hanks.com> wrote:

> 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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