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Disability Lawyer Helping The Handicapped Fight DiscriminationBy Expert Author: Gene banneker
It is understandable that the role of a disability lawyer is to protect the rights of individuals facing issues such as insurance denial claims involving accidents or illnesses.
We also came across an interesting story in a newspaper about a federal court judge ruling squarely against two lawyers. They had drafted dozens of lawsuits against businesses for violating federal law by not providing access to persons with disabilities.
The lawyers, for example, had identified businesses that had in their premises steep entry ramps and narrow aisles causing problems to persons with disabilities.
Under the Americans with Disabilities Act disabled persons cannot be denied safe and equal access. If businesses do, they can be sued.
But in this case, the federal court ruling was the other way round. They opined that the lawyers’ tactics lacked expertise, and possible violated the rules of professional conduct.
Whatever be the merits of the above case, it is nevertheless essential that persons with disabilities must be provided with adequate access to places so that they are not deprived of facilities given for everyone.
This can mean access to buildings and places where a person might need to go for work, education, and services, or to play. Physical access can encompass things like elevators, entrances, accessible routes and roads, restroom accommodations, parking and passenger loading zones, and others.
Those denied adequate and comfortable access can surely seek legal help via a disability lawyer.
The disabled must know that they must not be treated less favorably than a person without disability in similar circumstances.
For example, it is discrimination if a restaurant refuses entry to a person if they are blind.
A disability lawyer will tell you that Canadian Human Rights Act provides for protections to people with disabilities in Canada. In fact, Article 25 defines disability and sets out provisions for employers and service providers.
The disabled in Canada are facing many difficulties in their day to day lives. They have to overcome accessibility issues in schools, workplaces, public buildings, and many other places. The disabilities include impaired vision, mobility, and mental and health issues.
In the 1970s, the United States government started initiatives to help the disabled, which was subsequently followed by the Canadian government.
A lot still needed to be done to address all the issues of the disabled adequately. The year 1981 saw positive development when the International Year of the Disabled was established.
The creation of Obstacles Report, which was based on the difficulties handicapped faced, goaded the Canadian Government to introduce legislation aimed at helping the handicapped.
Prime examples are the Blind Persons Act and the Employment Equity Act.
The scope of a disability lawyer can go beyond addressing issues like long term disability claim.
In November 2012, the Supreme Court of Canada gave a decisive verdict on an important Moore v. British Columbia (Education) case. The Court affirmed the decision of a Tribunal that had found that the school district had failed to meet the needs of Jeffrey Moore’s disability.
Handicapped persons must realize they have legal help against discrimination.
Share Lawyers,disability lawyer in Toronto is committed to protecting the rights of individuals in Ontario. The firm handles legal matters in the areas of long term disability claim,insurance disputes involving illness, injury or death, long term disability denials, motor vehicle accidents, and serious personal injuries.
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