Canadian Federal Court Orders Government to Make its Web Sites Accessible to the Blind

On November 29, 2010, the Federal Court (Court) ruled that the federal government had discriminated against the visually impaired by having web sites with online informational and transactional services that are inaccessible to that group of people. The Court ordered that the government make its web sites accessible to the visually impaired within 15 months. Donna Jodhan, an accessibility consultant, brought the constitutional challenge before the Court, claiming that, by being denied equal access to government services and information, her equality rights under Section 15(1) of the Charter of Rights and Freedoms were violated. Federal government lawyers disputed the claim by arguing that visually impaired individuals were “reasonably accommodated” because they could access the information available online in person, by phone, and via e-mail. However, the Court determined that in many circumstances other forms of communication, if they were available, were not a reasonable alternative and held that the federal government had infringed the Charter rights of Jodhan and other visually impaired persons. Of significance was the adoption by the government of Internet accessibility standards that have been in effect since 2001; however, the Court found that there had been a “system-wide failure” to implement the standards. For the full text of the reasons for judgment by Justice Kelen in Jodhan v Attorney General of Canada 2010 FC 1197, see: http://decisions.fct-cf.gc.ca/en/2010/2010fc1197/2010fc1197.html For a news report in The Globe and Mail, visit: http://tinyurl.com/2dp4dsu Summary by: Adam Lis