VIA contends that this issue is outside CTA's jurisdiction. The Federal Court is still considering VIA's new appeal alleging that delays caused by its refusal to abide by the CTA's orders meant that the CTA had lost its right to decide the case. May 2001- CCD's Counsel informed CCD that the Federal Court has awarded CCD costs related to VIA's appeal on the CTA jurisdiction issue. The disability rights movement has been educating both government and the transportation industry about the need for accessibility to the transportation system either by the retrofit of old equipment or by the acquisition of new equipment which meets the principles of universal design. With its windfall from the Federal Government, VIA had the opportunity to move Canada's passenger rail system in a direction that would begin to meet the demands of universal design.
Universal design makes systems useable by people with a wide range of functional characteristics.
When given a windfall by the Federal Government, VIA, a crown corporation went outside of Canada and made an untendered deal on redundant European rail stock, totally ignoring the demands of the Charter of Rights and Freedoms and the Canadian Human Rights Act with regard to access. The consumer movement has had conflicting messages from government. On the one hand, the Minister of Transport, the Hon. When CCD heard from consumers who toured the Nightstock cars that these cars are less accessible than the cars currently on the tracks in Canada, CCD launched a complaint with the CTA with regard to VIA's purchase of the Nightstock equipment. Our objective was to prevent any deterioration in the level of accessibly that exists in the rail system.