Access For Sight Impaired Consumers

Legislation Pertaining to Guide Dog Access - Manitoba

Manitoba is one Province which has consolidated its various human rights laws into one Code known as the Human Rights Code of Manitoba

The Code specifically recognizes and defines a "dog guide" as a dog that serves as a guide or leader for a visually impaired person and has been trained for that purpose.

Under Section 9 (1) of the Human Rights Code of Manitoba, "discrimination" means:

(a) differential treatment of an individual on the basis of the individual's actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit; or

(b) differential treatment of an individual or group on the basis of any characteristic referred to in subsection (2) (of the Code); or

(c) differential treatment of an individual or group on the basis of the individual's or group's actual or presumed association with another individual or group whose identity or membership is determined by any characteristic referred to in subsection (2) (of the Code); or

(d) failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection (2) (of the Code).

Section 9 (2) of the Human Rights Code of manitoba defines the applicable characteristics for the purposes of clauses 9 (1)(b) to (d) are as follows: (Note: Clause "l" will apply to guide dog handlers who wish to file a complaint under the Human Rights Code of Manitoba)

(a) ancestry, including colour and perceived race;

(b) nationality or national origin;

(d) religion or creed, or religious belief, religious association or religious activity;

(e) age;

(f) sex, including pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;

(g) gender-determined characteristics or circumstances other than those included in clause (f);

(h) sexual orientation;

(i) marital or family status;

(j) source of income;

(k) political belief, political association or political activity;

(l) physical or mental disability or related characteristics or circumstances, including reliance on a dog guide or other animal assistant, a wheelchair, or any other remedial appliance or device.

The Code sets up a Commission, which consists of 10 members appointed by the Lieutenant Governor in Council, to ensure that the law is adhered to.

Should you find it necessary to file a human rights complaint, we would suggest you download MS-Word document entitled 'Tips on how to file a human rights complaint' to better aquaint yourself on the effective ways to structure your complaint. Although this document was created to assist complainants who reside in British Columbia, we believe it offers many good suggestions that will apply in all jurisdictions.

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