Canadian Court ruling means airlines must make room for disabled

Three of the country’s major airlines are finally being forced – after a six-year-legal battle – to make additional seats available at no charge to disabled or obese passengers who need the extra room.

The Supreme Court of Canada cleared the way for the move Thursday, rejecting an application by Air Canada, Air Canada Jazz and WestJet for permission to appeal the new policy imposed by the Canadian Transportation Agency.

The court, in keeping with tradition, gave no reason for refusing to review the case. But the effect was to uphold an agency finding that the air carriers were discriminating against the disabled.

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Posted in * Culture-Watch, * Economics, Politics, * International News & Commentary, Canada, Economy, Law & Legal Issues

12 comments on “Canadian Court ruling means airlines must make room for disabled

  1. mugsie says:

    I don’t consider the “obese” to be “disabled”. Their problems are self inflicted. To condone their gluttonous ways is just plain wrong. Yes, by all means, those who are truly disabled and cannot manage in a narrow seat should have some considerable needs met. This would be considered a true physical handicap. This would be arranged with the airlines ahead of time. But, I’m sorry folks, I can’t accept that for obesity. I once boarded a plane with my husband and infant son. We found ourselves in a situation where a very obese fellow was taking up my assigned seat. The plane was booked full. The airline attendant was frantic, as was I. Thankfully a seat was found, which I took with my infant son, but our family was split apart for a 5 hour flight. Totally unacceptable. It wasn’t my fault that man was obese. It wasn’t my fault he neglected to inform the airlines he could not fit in a single seat. It was also not my fault he chose to allow himself to become so obese and not take measures to make sure he wasn’t taking up someone else’s seat on that plane. It was HIS responsiblity to pay for a second seat, NOT the airline’s.

  2. Cennydd says:

    Now if only this ruling could be made for U.S. airlines! I am a full left leg amputee, and I always travel with my wife, who isn’t disabled. She’s a great help to me whenever I need help. I always travel with my wheelchair folded and stowed, and with my elbow crutches which are carried in the overhead compartment. Trying to use the restroom is extremely difficult for me when we hit turbulence and I’m standing on one foot and trying to get through a narrow door into a shoebox-sized compartment. I can only imagine what’s it’s like for someone confined to a wheelchair for hours on end!

  3. mugsie says:

    Cennydd, your needs are quite valid. You should always be assured a seat right near the front of the cabin where there’s room for you to maneuver with your wife’s help. It’s also providing a very short distance for you to travel to a restroom. Those needs are very real and not your fault. You did not bring this on yourself. This is totally different. But, someone who is obese? No Way!

    As a nurse, I was once on duty when we admitted a 300 pound woman. We could not move her. She was severely diabetic, and presented in a semi-conscious state. She was with us for quite some time. However, we made good use of that time. We educated her about her disease and assisted her in losing more than half her weight. We got her back on her feet and walking again. She was a very changed woman. There were days when she would complain and not want to walk, but we kept at it. She became a new person, more cheerful in spirit. She thanked us immensely for all the help we gave her. This shows obesity can be managed. It takes a lot of work, but it needs to be done for the best interests of the obese person. Condoning such conditions is just not right. That’s what the Canadian airlines are now being forced to do.

  4. Sherri2 says:

    Cennydd- for me the restrooms are impossible. I’ve flown transatlantic … without benefit of restroom. But certainly could go no farther under existing conditions. I’ve always – except once – gotten bulkhead seating which gives me a little more maneuvering room. I am relieved to hear of some accommodations being made. I expect that, as they usually do, those accommodations will benefit more than the disabled (how many people have you seen using ramps instead of steep steps, taking advantage of a larger restroom stall instead of the little cubicles, etc.?).

    Mugsie, even obese people have to travel. They are a fact of life among the pubic and there should be accommodations – when I was a child, even in my small rural town the movie theatre had some seating that would accommodate its larger patrons. I don’t particularly want to see the airlines in the business of punishing people for their sins. (And there are are also physiological reasons for some forms of obesity, are there not?) Providing seating for obese passengers is no different from restaurants, back when people smoked in restaurants, providing ash trays on the tables to accommodate paying customers who happened to smoke.

  5. mugsie says:

    Sherri2,
    It’s more a moral issue for me than just providing service. I believe that if a person requires services over and above the average person due to a self-inflicted state, that they should pay for that extra service. End of story. I don’t believe there are “physiological” reasons for obesity that aren’t self-inflicted, but I won’t get into that here.

    Like I said above, yes, there is a legitimate need for extra services for some like Cennydd, the elderly, severely crippled, etc. These are things they cannot change. No one brings these things on themselves. Overeating is what causes obesity. That’s self inflicted and can be managed with the proper help.

  6. Sherri2 says:

    Mugsie, would someone disabled due to an accident caused by his drunk driving qualify for accommodation? What about the obese person who is changing his life, losing weight, but has an urgent need to fly today and not six months from now when he’s reached the approved degree of slimness?

    The airport isn’t the place to address either the morality – or the health – issues, IMO. As a disabled person, I expect accommodations made for the obese would also be helpful for physically disabled folks – the needs for extra room apply to both, for instance.

  7. teatime says:

    I wish the American airlines would follow suit, and make airports/overall air travel easier for those of us who are disabled! I simply can’t and won’t travel by air anymore because of the huge, exhausting hassle it is. Airport employees are rude and expect tips for every little thing they do for you. Going through security is a major issue — they take my cane or walker, make me take off my shoes, etc. If I’m having an especially bad day and can’t make do without my walker, they take me aside and major search me!

    More room would be heaven! It’s hard to take medications and such out of bags when there’s no room to maneuver. For those of us with crippling diseases, our joints and muscles are in agony by the end of the trip, being confined to that small space.

    The air industry here provides poor service, overall. I’ve had wonderful service at both Gatwick and Heathrow and through BA. Goodness, when I book with BA and indicate I’m disabled, they even assign a flight attendant to check on my throughout the flight to see if he can be of assistance. BA has also upgraded my seat free-of-charge if there’s room in WT-Plus or Business!

    They will have to be very strict about disability determinations, though, so the special seats are available for the truly disabled. Has anyone else noticed how it seems that everyone and their brother have handicapped placards on their cars lately?!

  8. Cennydd says:

    Sherri2, all of these things are being done, certainly, but in order to address at least PART of the problem, we need to send a clear message message to Boeing and Airbus: Redesign your restrooms so that people with handicaps can get into them without risking injury and embarrassment…..even at the cost of eliminating one or two seats in order to do it.

  9. Courageous Grace says:

    #5, Mugsie
    [blockquote]I don’t believe there are “physiological” reasons for obesity that aren’t self-inflicted, but I won’t get into that here. [/blockquote]

    Obesity is not just caused by overeating. While it is rare, there are people who suffer from glandular disorders or are taking medications for other conditions which cause them to gain a lot of weight. My mother had a cousin named Charlotte who only lived to her early twenties because she was born with a genetic glandular disorder that caused her to be extremely overweight. No matter how she tried to improve her diet or exercise, she continued to gain weight. She died due to a stomach staple gone bad (I think it was in infection?) yet her doctors didn’t think she would have survived much longer anyway.

    Yes, the majority of obese people are that way because of a combination of overeating and lack of physical activity. However, there are many people who, like Charlotte, have no control over a genetic disorder. Please be a little bit more sensitive in the future.

  10. mugsie says:

    #9 Courageous Grace, yes there are glandular problems which can contribute to weight gain. The weight gain is actually caused by hormonal imbalances caused by the glandular problems. However, these are all manageable with the proper medical intervention. My own niece has had a serious glandular problem since childhood and has needed rigorous medical management and strict dietary and exercise regimes. She’s managing to handle her weight quite well. My own mother, however, is obese due to a lazy lifestyle and overeating. I would be seriously concerned if my mother wanted to have a second seat area on a plane for free just because she refuses to get up and walk instead of watching Soap Operas and eating all day. My niece is now in her 30’s and she would not want to take up a second seat area on a plane either. She has worked hard to keep her weight manageable and benefits from her efforts.

    Like I said above, there are definitely cases which a person has no control over. Birth anomalies causing physical handicaps, injuries which have caused permanent damage to (or loss of) limbs, elderly people who no longer can sit in cramped areas for prolonged periods of time (although those who choose to fly on a plane probably can sit much longer, or else would probably not fly). These are all valid reasons for requiring extra space on a plane.

    However, another factor needs to be considered here. Seats in planes used to be much further apart from front to back, and a bit wider in size. Due to wanting to accommodate more seating on planes (to make more money) most of the airlines have cramped seats closer together both side by side and from front to back. I remember well flying in economy class seats with loads of leg room. That simply is not the case any more. Yes, it’s a good idea for airlines to have handicapped areas for those who are legitimately handicapped. There don’t need to be very many, just like parking lots don’t truly need very many handicap spaces. As one person commented above, these privileges are heavily abused. Lots of folks drive around with handicap placards in their cars when they are quite able to walk safely from their cars to the entrances of the buildings they are approaching. I see this all the time. The same abuse would certainly occur if planes started opening up areas for obese people who just refuse to take responsibility for their own health needs. I don’t say that to be insensitive. I say it because it’s a fact. I’ve had to teach responsible health care practices to my patients for almost 20 years. Lots just don’t want to heed the advice they are given. You would be amazed at how many heart attack patients I’ve taken care of who were smokers, and then just went out and kept on smoking, even though we’ve taught them firmly that they need to stop smoking. This is just one example. There are many, many instances where poor health habits contribute to a person’s physical restrictions.

  11. Cennydd says:

    Mugsie, I’m sure that I speak for handicapped people with disabilities like mine who would very much appreciate the redesign of aircraft restrooms by widening them somewhat to enable people with crutches to enter without stumbling or falling as I have. Surely, elimininating two seats next to the restrooms won’t result in a financial loss for the airlines. In fact, larger restrooms would benefit everyone on the plane……the crews included!

  12. recchip says:

    Mugsie,
    I hope I never get you as a nurse. You seem to lack compassion!!