Smoking As A Disability

I Can't Believe I Wrote that Title

An article that I read a little bit ago about the cause and effect of smoking on campus from The Manitoban got me to digging a bit.

There have been some wonky screeches around, presumably from smokers. At least, I would hope so, but I might have heard Barb Hall's voice in the background. She is always looking for the Big Discrimination, you know the systemic one, so she can hop on Roxinante and go tilt at another windmill. Problem of course is that Dalton Dolittle is standing behind her nudging her on to glory. We need a Premier with stones. Too bad its so hard to topple a monopoly, at least for now.

But, in BC they are way ahead of her, so she's going to have to pick up her game. I kid you not, that over on the left coast there is a case before the BC HRT (Big Crazy High fallutin' Rootin' tootin' Tribunal) of a woman who believes that she was refused a job because she is a smoker, saying that her smoking "disability" was the reason.

The Vancouver Sun picked it up last February here. Roxanne Stevenson has taken the City of Kelowna to Kangaroo Court over her disability and their failure to accommodate her by giving her a job that someone else was qualified for, and got ahead of her. I mean, it's all about her right! Or, I mean it's all about her rights.

Lest you think that I jest or that I have made this stuff up, I assure you fact has once again proven itself weirder than fiction. Enid Marion, the tribunal member who heard the first whiffs of this case has rendered a Preliminary Decision on the Application to Dismiss by the City of Kelowna here, and says "On with the show."

I am less concerned about what they do on the left coast where we on the right side of the mountains have those majestic peaks for protection from their political and legal meanderings on the wild side.

What I am more concerned about is that our globe trotting head of the Canada HRC (Her Royal Censorness), J Ly Lynch might catch wind of this, and make a cause celebre out of it. Or, she might give a nudge to her fellow left wing nut, Barbara Hall with our delightful Ontario HRT (Herd of Rabid Toadies).

I hear that Barb is still miffed that she lost a chance to advance new rights for transgendered females in the Fulton case, when the transgenderee in this case, bailed on her. You can read the case decision on that one here, and my pearls of whatever on it here.

Have you not all had enough of this insanity. Kill Political Correctness, and bring back the Truth. I never read "You shall know how to be politically correct, and political correctness will set you free." No, I'm sure it goes: "You shall know the truth and the truth shall set you free."

Ontario goes to the Dogs - BC not as much

Or Is It More So?

Last week, I did a posting on the case of Doug McCue here. It seems that here in Ontario, his allergy to dogs was not sufficient for him to deny a woman and her husband a room at his B&B in Perth, Ontario on July 5, 2008. It was less about the dog, than it was about the husband, who was blind. So, the Ontario Human Rights Commission arbitrated a settlement which saw Mr. McCue pay $700 to the Complainants, who had a bull dog for a lawyer, figuratively not literally.

Well, in BC, a couple with a service dog, who were denied the rental of an apartment in BC were then denied their Complaint at the BC HRT, as reported by a local news outlet here. Chalk one up for sanity, but why?

Well, the BC HRT actually believed the landlord's case that his dog Tango was very territorial, which he had explained to the prospective tenants. As the tenants would have to pass through Tango's protected territory to get to their apartment, the prospective landlord refused to rent to them. Undaunted, they filed a Complaint with the BC HRT. Why not, there's gold in them thar hills.

Not this time. It surprised me that the tenant's fake right to live where they wanted with their service dog, meaning there must have been a disability on behalf of one of the tenants to be, was trumped by the landlord's property rights, and dog. I am surprised that they did not require him to pay for all their pain and suffering, and also have his dog put down. After all they were being victimized by this dog, and owner.

So, it may take two to Tango, but in this case the BC HRT halted the music. I'd say good on you BC HRT, but tomorrow's another day, and it's not called the left coast for nothing.

I Smell a Human Rights Complaint Coming in BC

Vancouver Public Library Refuses to Allow Assisted Suicide Seminar

No Apologies reports that the Vancouver Public Library had the good sense to not allow an Australian group Exit International to host a right-to-die assisted suicide seminar this month in the downtown location.

But, the British Columbia Civil Liberties Association says it is restricting free speech. As they say:

“We have reviewed the materials Exit International plan to present and it’s our opinion they would not be in contravention of the Criminal Code or put them afoul of Canadian legislation, nor would they be assisting suicide under the definition of the law.”

Exit does not seem in a hurry to exit, and is trying to reschedule in hopes the library has a change of heart or maybe a death in the family.

So, there are a lot of wacky people in this country and not all of them are in Ontario. But, at the moment this is a victory for the good guys. However, in this crazy world we live in, I suggest we stay tuned. It ain't over til the fat lady sings.

BC Doc With Brain Injury Quite a Headache for UBC

Claims Discrimination Due to Disability to BC HRT

In a news item the other day from the Vancouver Sun, was a report about Dr. Ruth Gibson, a physician originally from Northern Ireland, practicing in Whistler, who claims that the UBC faculty of medicine has discriminated against her because of a disability she has.

In 1982, before she qualified as a physician in Ireland, she was in a major car accident and incurred a mild traumatic brain injury. Now, 27 years later, some of the symptoms still linger. I can personally relate to her situation, as I incurred one myself about 6 years ago, and in my case many of my symptoms are still present. In her case:

According to a 2007 neuropsychological assessment, Gibson’s cognitive functions are generally excellent, with a few exceptions – that there are areas of subtle weakness exacerbated by growing anxiety during Dr. Gibson’s residency, reaching the point that her symptoms met the criteria for a “generalized anxiety disorder.”

In 2003, she was enrolled in residency in anesthesiology at UBC faculty of medicine. But:

On Nov. 15, 2006, the faculty of medicine terminated Gibson from her residency for what was described as “unsuitability” or “weaknesses demonstrated that the FOM claimed were not remediable.”

She reported the following about her anxiety symptoms:

A psychologist found those symptoms became increasingly disabling in the last 18 months of Gibson’s residency, interfering with her performance.

Gibson claims that the weaknesses identified by the FOM during her residency were caused or substantially driven by her disability, but could have been remediated with accommodation, with the result that the termination of her residency was discriminatory.

But, Dr. Gibson applied to enter the Enhanced Skills program of the UBC FOM and was rejected in November 2008, and that is what she is claiming discrimination about, and has had a first hearing to determine what is fact she is claiming discrimination about here.

Actually trying to understand what she was claiming gave me a headache, as I am sure it does the FOM and even the Tribunal. However, I can empathize with her situation. I will do another post when I can sort out what the preliminary decision was actually getting at because it is an interesting case about mental disabilities.