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Tribunal dismisses rights complaint against Gibsons

Human Rights

The Town of Gibsons says it cost more than $80,000 to defend itself against a complaint filed with the BC Human Rights Tribunal, which the Tribunal dismissed in a July 21 ruling.

Gibsons resident Dorothy Riddle, who faces mobility challenges, went to the Tribunal claiming the proposed closure of Winn Road, and the public plaza the developers of the George Hotel have agreed to provide to replace it, are discriminatory under Section 8 of the Human Rights Code because they make an easily accessible area inaccessible.

The 28-page decision, written by tribunal member Emily Ohler, found that Gibsons was justified in seeking a dismissal of the complaint. It also relied, in part, on an affidavit from the Rick Hansen Foundation’s vice president of access and inclusion, who also helped the developer create the plan for the waterfront.

The Tribunal accepted that as expert opinion, and said, “The expert is of the view that current access via the road is unsafe and hazardous to the general public, especially for those with disabilities. Specifically, he notes it is steeply graded, only partially paved, mostly of gravel surface in significant disrepair, and creates an unsafe and hazardous situation for wheelchair users in particular…

“Conversely, he notes numerous improvements to universal access to the harbour as a result of the development, including sheltered parking, firm stable surfaces, connections to pedestrian walkways without obstacles or tripping hazards, elevators to assist with the elevation drop to the waterfront from the road, a safe and accessible waterfront pathway, seating that is a reasonable distance from parking areas, improved waterfront views, and accessible.”

In specifying the cost to defend itself against Riddle’s complaint, the Town said staff are drafting a report summarizing the status and costs of the several complaints and court actions tied to its handling of the George Hotel development. That report is expected to go to council in the early fall.