Whitehorse is being targeted with a class action lawsuit alleging the violation the charter rights of Whitehorse residents living with disabilities. The suit argues that city infrastructure, including parking spaces and transit are not suitably accessible.
Ramesh Ferris and Eva Von Flotow are named as plaintiffs in the case, but it is being brought as a class action representing all other city residents who have lived with legal blindness, physical, neurological or musculoskeletal conditions which limited mobility, temporarily or permanently. The lawsuit comes after Vincent Larochelle, the lawyer representing Ferris and Von Flotow, warned city council to take responsibility for the city’s sidewalks and streets in a December 2023 open letter.
It is explained in the statement of claim that Ferris utilizes leg braces and crutches for mobility due to childhood polio and that Von Flotow, who has quadriplegic cerebral palsy and dystonia relies on a wheelchair.
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The statement of claim, submitted to the Yukon Supreme Court on Sept. 9, 2024, states that the plaintiffs face numerous barriers in navigating Whitehorse.
It is claimed that sidewalks near accessible parking spaces – which the lawsuit states are often not large enough - do not have curb cut-outs to allow people with disabilities to access them. Furthermore, it argues that these spaces often have garbage cans or other objects placed on the sidewalk, which the statement said adds an additional barrier.
The statement adds that public transit stops around the city don’t have benches to allow people who cannot stand to wait for the bus.
Additionally, the city’s Handy Bus system requires Van Flotow to set a pick-up spot around 180 metres from her home, which the statement said makes it impossible for her to access the system.
All of these issues are exacerbated during the winter with snow and ice accumulation, according to the statement.
The statement says that barriers presented by the city’s alleged inaction and discriminatory policies have caused the plaintiffs to feel like they are second-class citizens. The lawsuit alleges the city is violating the plaintiffs’ rights as described in the Charter of Rights and Freedom’s sections 7 and 15.
The sections guarantee all have the right to life, liberty and security of person, as well as the right to equality before the law, respectively. The plaintiffs are seeking payment for damages from the city on the basis that they and other class members have suffered significant physical, social and emotional harm.
The claims presented haven't been heard or evaluated in court. The document states that the city has 14 days to respond with a statement of defence.
Contact Talar Stockton at talar.stockton@yukon-news.com
