MeAC – Measuring Progress of eAccessibility in Europe

Policy approaches based on equality / anti-discrimination legislation have considerable potential in the eAccessibility field. Such approaches can provide people with disabilities – individually or collectively – with a right to seek redress if they are confronted with inaccessible ICT equipment or services, either in relation to ICT-based goods and services in a general sense or in relation to specific usage contexts.

Legislation/regulations

The Canadian Charter of Rights and Freedoms (1982), which is part of Canada’s constitution, provides that all Canadians are equal under the law. The courts have interpreted the Charter’s equality rights as prohibiting discrimination on a range of grounds including disability. The Canadian Human Rights Act (1985) refers to the principle of equal opportunity for people with disabilities and to having their needs accommodated. It introduces the ‘duty to accommodate’, though it does not specifically mention accessibility of ICTs.

The Accessibility for Ontarians with Disabilities Act (2005) goes further than the Human Rights Act. It states that “the purpose of this Act is to benefit all Ontarians by, (a) developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025.” This Act enables setting mandatory accessibility requirements.

Goods and services equality

The Canadian Human Rights Act prohibits discrimination in the provision of goods and services. Though it does not specify accessibility of ICTs, it does specify that denial of “access to goods and services” is discrimination. In the provision of services, the provider must implement whatever measures necessary to allow clients to access its services.

In support of this requirement, the Canadian Standards Association has published a Customer Service Standard for People with Disabilities.

In Ontario, the Accessibility for Ontarians with Disabilities Act applies to all providers of goods and services to the public. Accessibility Standards for Customer Service have been agreed and came into force on 1st January 2008. These require that all providers of goods and services, both public and private, establish policies, practices and procedures governing the provision of goods or services to persons with disabilities, including a policy about the use of assistive devices.

Employment equality

The Employment Equality Act requires employment equity, including the concept of “reasonable accommodation”, however it is not clear what impact, if any, this has had on carrying out reasonable accommodations that include eAccessibility solutions.
For the public sector, there is a Policy on the Duty to Accommodate Persons with Disabilities in the Federal Public Service. This applies to accommodating the special needs of federal government employees and introduces the concept of using assistive technologies.
Also, the Treasury Board has published a Workplace Accommodation Toolkit. The toolkit provides general information about assistive devices and services to aid the purchase process to accommodate a person with known disabilities. It helps provide eAccessibility to government workers. It also regulates federal purchasing and thus influences producers who might sell some of their products and services to the federal government. It includes ICT in two categories:

• Assistive technologies: computers
• Office ergonomics: workstations

In Ontario, a standard is being developed on employment under the Accessibility for Ontarians with Disabilities Act.

Education

The duty to provide reasonable accommodation applies in the educational sphere across Canada.

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