Service-dog user urged to file human rights case

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This article was published 02/12/2022 (1049 days ago), so information in it may no longer be current.

A service dog user, who spent years fighting for his rights at a Manitoba tribunal, says it too often falls on discriminated individuals to push for long-term change.

“It takes a toll, and some people just give up,” said William Webb, about the case of a Winnipeg woman who reported being denied Uber rides last week because of her guide dog.

Webb, a military veteran formerly stationed at Canadian Forces Base Shilo, in western Manitoba, now lives in B.C. He uses a service dog to help with his post-traumatic stress disorder, but has faced regular pushback.

He filed a discrimination complaint to the Manitoba Human Rights Commission in 2014 after being denied full access to a Clear Lake resort because he was travelling with his service dog. It took more than six years for his complaint to be resolved in his favour, with $6,000 in compensation. His case is still one of only two service-dog-related complaints to have had a full hearing at the Manitoba commission.

Many more complaints never reach that stage. This year alone, the Manitoba commission has logged 19 complaints alleging discrimination against people with disabilities who use service dogs, executive director Karen Sharma confirmed.

Soon, Veronika Kanya may be among them. The Winnipegger was on her way to jiu jitsu class with her service dog Apache on Nov. 27 when she says two consecutive Uber drivers refused to give her a ride, saying “no dogs,” even after Kanya explained she is blind and her dog is not a pet. Uber’s policies, and Canadian law, clearly state service dogs must be accommodated.

After she went public this week, Kanya said she has received an “outpouring” of support and still plans to pursue a human rights complaint. Uber is conducting an internal investigation. The company had issued a statement saying “we are disappointed by Veronika’s experience, and we share in her frustration.”

Kanya pointed out there’s irony in the fact the incident made her late for her self-defence class, and sticking with her complaint is another way for her to stand up for herself.

“There’s no reason not to,” she said, adding it’s not about money for her, and she’s aware the commission process could be lengthy.

“The time doesn’t deter me, because time passes by regardless,” she said.

Reached by phone in B.C., Webb said he’s not surprised to learn about Kanya’s experience. He now has a service dog named Sarah Connor from the Manitoba-based MASR service dog training program and continues to advocate for their use.

He said he’s travelled extensively across Canada and the U.S., and points to hotels and taxis or ride-shares as generally being the worst culprits for not understanding or respecting the role of service dogs.

“Those are the industries we find the biggest difficulty with providing public access (to) service dogs,” Webb said.

About a year after he returned from a posting in Afghanistan, and six months after he started using a service dog, Webb and his family booked a vacation at a Clear Lake resort. They opted not to stay there after the former owner-operators tried to place conditions on where the dog could go. They wanted the dog kept out of the resort’s courtyard and have it use a rear door.

The dog was not to be left unattended or make a sound, otherwise the family would be asked to leave, the tribunal heard.

Upon hearing these conditions after they arrived, the Webbs left. In 2020, an adjudicator ruled those kinds of restrictions on the dog effectively barred Webb from using the resort amenities and amounted to discrimination.

The owners were acting in good faith by following their no-pets policy for the enjoyment of all guests, but service dogs aren’t pets, and Webb should have had the same access as any other guest, the ruling affirmed. The complaint went forward even though Webb had received a full refund of his deposit.

His Manitoba human rights complaint was worth it in the end, Webb says, but it cost a lot of time and money, and going through the process worsened his depression. He believes it led to more training and awareness within the hospitality industry.

“Industry is being forced to adapt because of cases like mine,” he said, expressing support for Kanya’s potential case.

“She’s going to have a long wait…. That road is going to be frustrating,” he said. “But in the end… it’s about upholding our rights.”

katie.may@winnipegfreepress.com