Protecting the rights of people who rely on guide and service animals in Nova Scotia

Transcription

1 Protecting the rights of people who rely on guide and service animals in Nova Scotia Discussion paper June 2015 Discussion Paper 2015

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3 Protecting the rights of people who rely on guide and service animals in Nova Scotia Discussion paper Prepared by the Policy, Planning, and Research Branch, Department of Justice June 2015 Discussion Paper 2015

4 About this discussion Guide dogs and other service animals provide critical support for Nova Scotians who are blind or visually impaired and, increasingly, for people with other disabilities. The Government of Nova Scotia wants your input about protecting the rights of people who rely on guide dogs and other service animals in their daily living. This could include, for example, people who have autism, have mobility issues, suffer from post-traumatic stress disorder, have seizures, who experience dissociative identity disorder, or who have other disabilities that can be helped by a service animal. This discussion paper outlines four issues and invites you to comment on each issue. 1. Definition of service animal 2. Training standards 3. Identification standards 4. Penalties Your comments will help shape a provincial response, which could include legislation and/or an education campaign. The deadline for submitting your comments is July 31, You can participate in any of the following ways: your comments to serviceanimals@novascotia.ca. Send your comments by regular mail to Nova Scotia Department of Justice Policy, Planning and Research P.O. Box 7, Halifax NS B3J 2L6 Phone for more information or to ask questions. Use TTY through the Disabled Persons Commission at , or toll free within Nova Scotia at We respect your privacy. Your submission will become a government record and is subject to Nova Scotia s Freedom of Information and Protection of Privacy Act. Any personal information in your submission will be kept in confidence, subject to the requirements of the act. 1

5 Background Nova Scotia has laws to protect people with certain disabilities who rely on guide and service animals. For example: The Blind Persons Rights Act addresses the rights of people who are blind or visually impaired. But it does not address the rights of people with other disabilities, nor the rights of people who use service animals other than guide dogs. The Human Rights Act prohibits discrimination against anyone with a disability, and so the potential range is much broader. It specifically refers to hearing-ear dogs as well as guide dogs. But, again, this legislation does not address users of service animals other than those specifically included in the act. Several other jurisdictions now have laws that encompass all service animal users. Nova Scotia is proposing to confirm and extend rights protection for guide and service animal users. This would help to ensure their access to places and services that others take for granted, such as eating at a restaurant, going grocery shopping, taking a taxi, staying in a hotel, visiting a hospital, or living in the apartment of their choice. It would also help to protect the animals from harm or interference when they are working. At the same time, it would clarify the obligations of handlers to maintain care and control of their animals in public. Discussion Paper

6 ISSUE 1: Definition of service animal There is a need to clearly define service animal. This will ensure the rights of service animal users, while placing appropriate limits on which animals are considered to be service animals. Service animals are individually trained to do work directly related to the handler s disability. They include guide dogs for the blind or visually impaired, hearing dogs, seizure alert dogs, and mental health service dogs. Although animals other than dogs are trained to help people with disabilities, the focus of this discussion is on service dogs. These are some examples of work they might do: helping with navigation alerting an individual to the presence of people or sounds pulling a wheelchair helping an individual during a seizure retrieving items providing physical support and help with balance preventing or interrupting impulsive or destructive behaviours Service animals differ from therapy and emotional support animals that bring comfort and calmness to an individual. Unlike service dogs, therapy and emotional support animals may have limited or no formal training. Extending rights protection too broadly could discredit guide and service animals that are highly trained and well established. Animals not trained to high standards could also pose a public safety risk. Proposal Along with guide dogs, Nova Scotia is proposing to extend rights protection only to other clearly defined service animals. Animals used for therapeutic purposes would not be guaranteed the full scope of rights under any new legislation. 3

7 QUESTION 1. Should Nova Scotia limit the scope of protection to include only service animals, excluding therapy animals? Yes No Reasons: Discussion Paper

8 ISSUE 2: Training standards Service animals must be safe for the public and that requires high training standards. Although guide dogs for the blind and visually impaired have been trained formally for decades, the training of animals for people with other physical and mental health disabilities is more recent and there are no national standards in place. The province needs to outline its expectations about certification standards for service animals, because training standards are critical to gaining public acceptance and for public safety. Proposal Nova Scotia is proposing to outline its expectations about certification standards. Similar to other jurisdictions, the province could require that new service animals be certified by a school or trainer accredited by Assistance Dogs International (ADI). ADI is a coalition of not-for-profit organizations. Its accreditation system is comprehensive and members are regularly assessed to ensure they meet the high standards expected of assistance dog programs. Training standards could also be clarified for guide dogs that receive training through the International Guide Dog Federation (IGDF). Both ADI and IGDF are internationally recognized training schools. Existing guide dogs and service animals with certification would continue to qualify. Animals working in a service capacity without certification could also be given an opportunity to be certified though a successful assessment by a third party. QUESTIONS 2a. Should Nova Scotia identify certification standards for guide and service animals? Yes No Reasons 5

9 2b. Should Assistance Dogs International (ADI) be the certification standard for service animals? Yes No Reasons: 2c. Should the International Guide Dog Federation (IGDF) continue to be recognized as the standard for guide dogs? Yes No Reasons: Discussion Paper

10 ISSUE 3: Identification standards It is unclear what form of proof should be required for handlers and animals to receive legal protection. Guide Dog Users of Canada has expressed concerns about fake identification and equipment available online, and about people passing their pets off as legitimate working dogs. Proposal Nova Scotia is proposing to clarify visible identification standards to distinguish certified guide dogs and service animals from other animals. This could include providing provincial identification cards for guide and service animal teams. While such visual identification would not be mandatory, it would be required for the handler and animal to be protected under any new legislation. QUESTIONS 3a. Should Nova Scotia clarify the visible identification standards for guide and service animal teams? Yes No Reasons: 7

11 3b. Should the identification standards include a provincial identification card? Yes No Reasons: Discussion Paper

12 ISSUE 4: Penalties Right now, a person who violates the Blind Persons Rights Act is guilty of an offence and liable on summary conviction to a $200 fine. The amount of the fine is low compared to other jurisdictions and might not be a real deterrent. Proposal To bring Nova Scotia in line with other jurisdictions, the province is proposing to increase the fines for breaking any new laws. The province would also amend the Blind Persons Rights Act to increase the penalties for breaking that law. QUESTION 4. Should Nova Scotia increase fines for breaking the laws that protect guide and service animal users? Yes No Reasons: 9

13 Do you have any additional comments you would like to share? Please share your response here: Discussion Paper

14 About you This next section is optional. The information will help us to know if we have heard from a range of people across the province. Please check the categories that most apply to you: Guide dog user Service animal user Guide/service animal trainer Business operator. What sector? Business association. What sector? Disability agency staff member Government staff member Community group. What service? Public service provider. What service? Concerned citizen Other: Please check the county where you are located: Annapolis Guysborough Pictou Antigonish Halifax Queens Cape Breton Hants Richmond Colchester Inverness Shelburne Cumberland Kings Victoria Digby Lunenburg Yarmouth 11 Elsewhere: Thank you for your feedback.

15 Discussion Paper 2015

16 Crown copyright, Province of Nova Scotia, 2015