Federal court dismisses VIA Rail appeal on couples with mobility scooters travelling together

The Federal Court has dismissed an appeal by VIA Rail of a decision that would make it possible for a Toronto couple who rely on wheelchairs and scootersto travel together on a single train.

In March, CBC Toronto reported that VIA Rail was appealing a decision by the Canadian Transport Agencycalling on it to revise its policies to either allow for thestorage of two mobility devicesin a single tie-down area or provide two tie-down areas on each trainby May 15, 2017. The alternative involves providingevidence that neitheroptionwould be possible without "undue hardship."

• VIA Rail appealing ruling that would allow couples with mobility scooters to travel together

• Transportation agency hears accessibility complaint against VIA

The decision wasn't expectedin July, but as a result of the April25thorder, the transport agency's decision will stand.

"We acknowledge the court's decision and we are working on the next steps," VIA Rail spokespersonMariamDiabysaid Sunday.

That comes as good news to Toronto coupleMartin Anderson and Marie Murphy, who both rely on scooters to get around.

"This was much earlier than we expected," the couple wrote in anemailto CBC Toronto. "This means that the CTA's order stands. VIA either has to allow Martin and I to travel together with both our scooters more easily or satisfy the CTA that having to do so causes VIA undue hardship."

'This is 2017,' frustrated mobility user said

At the moment, all VIA Rail trains areequipped to tie down just one scooter. The railway previously told CBC Torontothat in cases where a person can transfer to a car seat,there is no limit to the number of passengers travelling with a mobility device. In both cases, it said it provides free passage for a travel companion.

The Federal Court of Appeal's decision ruling againstVIARailis a much-needed step forward for Canadians with disabilities.- David Lepofsky, disability advocate

Anderson and Murphy argued the railway lackedaccommodation for scooters and put a strain on riders like themselves.They say they havebeen fighting for more accessibility spaces on VIA Rail since 2005.

The coupleapproached VIA Rail last July with the idea of tying downtwo scooters in one space and said they were given the chance to test it out in the presence of a consultant.

They thought it went well. But despite repeated requests for copies of the consultant's report, they say they heard virtually nothing back.

"This is 2017," Anderson said in March. "We should expect more than just one seat per train."

New fleet to feature multiple accessibility spots, railway argued

In March, Diabysaid the company was phasingout older trains and replacing them with newer ones with more accessibility spaces.

"The currentQC-Windsorfleet is coming to the end of its useful life. Accordingly, VIA Rail was provided funding in budget 2016 to conduct pre-procurement analysis for a new fleet," the statement fromDiabysaid.

"Accessibility to each train for multiple travellers with wheelchairs is one of the key requirements of the new fleet. It reflects VIA Rail's commitment to remain the most accessible national and inter-city mode of transportation in Canada."

This week's dismissal is also welcome news todisability advocate DavidLepofsky, a visiting professor at theOsgoodeHall Law School who is also chair of theAccessibility forOntarianswith Disabilities Act Alliance.

"The Federal Court of Appeal's decision ruling againstVIARailis a much-needed step forward for Canadians with disabilities,"Lepofskywrote in anemailSunday.

"ViaRailneeds to stop spending money on lawyers to fight against accessibility, and instead get on with providing true accessibility to passengers with disability," he said adding that Murphy and Anderson's underscoreswhy Canada needs to enact a strong Canadians with Disabilities Act.

"That law should ensure that these kinds of accessibility barriers are torn down, without passengers with disabilities having to fight them one at a time."