The Tim Rose Ruling:
More than a glimmer of hope for accessible air travel
Likely prompted by my years of wheelchair travel, I have a magical recurring dream of owning a private jet, where safe, hassle-free and spontaneous trips are a reality. My wheelchair fits effortlessly, transfers are seamless, and bathroom access is … possible. Then, I wake up to the stark reality.
Flying today is a test of patience with long lines, frequent delays and cramped seating and missing suitcases. But for wheelchair users, the experience frequently devolves into a humiliating journey.
Suffice it to say, the recent Federal Court of Appeal decision in favour of Tim Rose, a Toronto man whose power wheelchair was deemed “too large” for an Air Canada flight, offers me and others a crucial sliver of hope in an industry that has historically treated accessibility as an afterthought. Tim’s work to win this ruling transcends the specifics of one individual and one airline; it represents a potentially dramatic turning point for countless individuals with disabilities who encounter systemic barriers when navigating air travel.
On board, consider the seemingly simple act of using the restroom, which—at best—is a logistical nightmare for wheelchair users all too well. Plane lavs are small and impossibly designed- unless you’re an acrobat. I, like others, have often resorted to the uncomfortable and frankly unhealthy practice of strategic dehydration before boarding—all to avoid the necessary contortions and difficult calculation between my discomfort and the need to surrender my dignity.
And then, let’s not even begin to discuss the creeping anxiety that becomes increasingly more intense while waiting for the wheelchair to arrive. As many of you know all to well, a mobility device isn’t just luggage; it’s an extension of ourselves and our legs and it’s a vital tool that facilitates independence. Unscheduled detours and misplacement of baggage are one thing, losing or damaging a wheelchair isn’t just a mere inconvenience. When broken or lost it leaves its owner stranded, often in a foreign destination without parts, a replacement or technical support. It’s a profound injustice.
Mr. Rose’s tenacious pursuit on behalf of all of us has challenged the current status quo.
Yes, indeed the Federal Court of Appeal’s decision to uphold the CTA ruling is a powerful affirmation that’s long overdue. It underscores the crucial point that an airline of Air Canada’s size and resources has the ability and capacity to make reasonable accommodations. The court’s emphasis on feasibility strikes a blow against the tired old excuse of cost and logistical difficulty. If airlines can invest on in-flight entertainment systems, gourmet meal options, and mood lighting, surely they can prioritize the fundamental right of accessible travel.
Furthermore, the Tim Rose case shines a much-needed light on the broader societal perception of disability and extends into the rights of travellers of all ages. I have traversed the globe as an athlete and a recreational traveller witnessing firsthand both the frustrating barriers and the transformative power of small, thoughtful changes. Simple measures, such as ensuring ground staff receive comprehensive training in handling mobility devices, (and luggage, dare I say), with care and respect, or designing aircraft with more roomy and truly accessible restrooms, can dramatically improve the travel experience for everyone.
To the airlines and other purveyors of public transportation still clinging to outdated practices and offering hollow apologies: consider the Tim Rose ruling as your final boarding call. The world is watching. The era of treating passengers with disabilities as second-class citizens is over. It’s time to adapt, to accommodate, and to acknowledge our fundamental right to travel in comfort with dignity and independence. Failure to do so will undoubtedly lead to more turbulence ahead, and rightfully so. Thank you, Tim!
Joel Dembe is a Paralympian, public speaker and is now a senior communications manager at RBC. He’s also Co-Chair of RBC REACH, Royal Bank of Canada’s advisory group for clients and employees living with disabilities.
He serves as a Chair of the Patron’s Council for the Canadian Abilities Foundation.
Photo: Freepik
