Man with brain injury can advance complaint against BC Ferries

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Human rights tribunal dismisses BC Ferries application to throw out complaint from man who claims he was denied access to ferry in Nanaimo

A man dealing with a brain injury can proceed with his discrimination complaint against BC Ferries after being denied priority access, B.C. Human Rights Tribunal has ruled.

In addition to the brain injury, Chin is living with craniocervical instability, which can lead to headaches, neck pain, and chronic fatigue syndrome, Cousineau states. As a result, travelling can be difficult as he requires oxygen tanks, which only last for four hours. Chin contends it was a hot day and he wasn't able to wait for the next ferry. In addition, he had a “medical crisis and needed to escape." He says"he had to go to cool down in a quiet environment and use an oxygen concentrator to bring down his elevated heart rate and stress," Cousineau's decision stated. Chin claims that later in the day, he was able to get priority access to a ferry at Duke Point terminal, despite a two-sailing wait.

While, BC Ferries seemed to rectify"the systematic concerns" Chen brought up, it doesn't address the"personal remedy" sought by the complainant, according to Cousineau. If the tribunal found that Chin had been discriminated against, it would rule that BC Ferries should pay restitution to"compensate" him for the embarrassment and loss of self-respect.

 

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