1 minute read
A pup in my establishment?
by ARQresto
A lady and her friend went to a restaurant, one of them accompanied by her guide dog that was wearing a specially adapted harness, which was thus easily identifiable.
However, when they arrived at the restaurant, the hostess immediately indicated that the dog had to stay outside, and seeing that the hostess was denying access to the restaurant, the lady in question explained to the hostess the function of the guide dog, its training in public places, and the need for her to have it by her side at all times. The hostess held her ground and refused to allow the dog inside.
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The lady asked to speak to the manager, who also upheld the hostess’s decision, compromising that the dog could remain in the closed glass entrance, and that the lady could have a table a few feet away to keep an eye on her dog, to which the lady objected.
Complaint
Following the refusal, the lady and her friend filed a complaint with the Commission des droits de la personne alleging that the plaintiff’s exclusive right to be treated equally in access to a public place without distinction or exclusion, based on a disability or the use of a means to palliate it, had been infringed.
On behalf of the restaurant, the owner indicated that this policy was justified by the need to keep the premises perfectly clean.
The Tribunal concluded that this exclusion was discriminatory within the meaning of sections 10 and 15 of the Charter.
$3,000 IN MORAL DAMAGES
The Commission claimed $3,000 in moral damages from the restaurateur. The principle is clear and well defined. Although difficult to define, moral prejudice must be compensated to rectify any harm caused. Courts have awarded amounts varying from $500 to $8,000 for moral damages.
It is now well known in case law and throughout Quebec society that suggesting to separate a guide dog from its owner in no way reflects a reasonable alternative, and demanding the expulsion of the guide dog is tantamount to the expulsion of the disabled person.
TheARQhasproducedaposteronthissubject (seepage10).
