The authorization for a class action lawsuit brought forth by Regroupement des activistes pour l’inclusion au Québec (RAPLIQ) and Linda Gauthier, has been dismissed.
It was initiated against the Société de transport de Montréal (STM), the Agence régionale de transport métropolitain (ARTM), Exo, and the City of Montreal on behalf of persons with disabilities facing barriers in accessing and using public transportation services (subway, paratransit, buses, and commuter trains).
After 10 years of legal proceedings, including two years under deliberation, the class action was dismissed in a judgment rendered by the Superior Court on Dec. 18.
While the Court acknowledges the existence of discrimination against the class action members, it nevertheless accepts the defendants’ justification based on financial and logistical constraints–grounds about which we already have serious reservations.
“Indeed, the Court recognizes and reiterates several legal principles that are fundamental to individuals protected under the Québec and Canadian Charters. Notably, it finds that discrimination exists in access to public transportation services in the metropolitan region, since persons with physical disabilities are excluded from the majority of these services, thereby undermining their right to equality,” said RAPLIQ in a press release.
“Furthermore, the judge commends RAPLIQ’s legal action and praises its members for their testimonies, marked by courage and resilience. She also reaffirms that accessibility remains essential for society as a whole and emphasizes that the inclusion of vulnerable persons is a fundamental value.”
RAPLIQ says they will carefully review the judgment within the timeframe prescribed by law and will assess the possibility of an appeal, alongside its legal counsel.
“In this context, RAPLIQ is calling for solidarity from disabled persons, community organizations, associations, coalitions, allies, and all those who work daily for and with disabled people. The support of the public will be crucial during this important stage in the fight against discrimination.”
RAPLIQ will publicly communicate its next steps once its legal analysis has been completed.
