Unreliable accessibility aids, improperly trained staff and lost or broken mobility devices can make travel a harrowing experience for people with disabilities. For Western Law’s visiting research professor of disability rights David Lepofsky, the unpredictable nature of accessibility support for air travel renders feelings of dread.
“In the case of air passengers like me who are blind, the simplest activities like guiding us from the airplane to the airport to get our baggage and out the door become embroiled in difficulties,” said Lepofsky. “The problem we’re facing is that airlines, who are heavily federally regulated, have been doing a very poor job of accommodating the needs of air passengers with disabilities.”
As the chair of the Accessibility for Ontarians with Disabilities Act Alliance, Lepofsky was invited to appear at a recent hearing of the House of Commons Standing Committee on Transport, Infrastructure and Communities. Five students from an upper-year public law course joined him on the trip to Ottawa to experience the legislative process in action and help champion travel accessibility.
“Law schools teach students how to interpret laws and argue what they mean. But they spend less time learning how laws are made, how to influence the content of legislation, how to advocate for legislation, or to advocate for legislative action like regulation,” said Lepofsky.
“These skills can be very important tools in advancing public policy. Law schools across the country need to improve how much we teach students about how to identify and meet the legal needs of millions of people with disabilities. This activity brought both of those themes together.”
A front-row seat to the legislative process
The hearing was part of the Accessible Transportation for Persons with Disabilities inquiry launched in response to mounting media attention about the inaccessibility of air travel in Canada.
Third-year students Sabrina Gunter, Mikaela Cheslock, Meghan Hawa, Chloe Holmes and Matthew Wronko completed research for Lepofsky’s brief and accompanied him to the hearing, where they met government and airline officials.
“Our trip to Ottawa was a phenomenal learning opportunity that bridged the gap between our theoretical and practical knowledge by allowing us to interact on a personal level with the parliamentary process.” – Matthew Wronko, third-year law student
“We had the chance to meet MPs, listen to questioning before the parliamentary committee and personally learn from professor Lepofsky about his strategy in utilizing Parliament to achieve legislative victories. This type of learning experience is invaluable and adds another practical layer to Western’s legal education,” Wronko added.
Lepofsky’s brief and oral statement provided an overview of recent airline infractions and proposed 19 actions to ensure accessibility for disabled air travellers. The recommendations include legislative reform, like the creation of a new and effective independent public agency to oversee regulation and enforcement, and a variety of operational improvements to aid passengers at every stage of their travel journey. While the effects of advocacy efforts are often incremental, these recommendations are hoped to ultimately inform the committee report and may shape future legislation.
Social advocacy and accessibility in legal education
Lepofsky believes the experience provided students with practical skills and exposure that will empower them to engage in public policy and enhance their advocacy and negotiation skills. He hopes students have gained more awareness of the myriad ways they can use their education to support social causes in which they believe.
“Law students are in a fantastic position to find opportunities to appear before public legislative bodies. There are always hearings being held, or invitations for delegations by the legislature, the House of Commons, the Senate, city councils and school boards,” said Lepofsky.
“Getting involved with a community organization on whatever issues matter to them is a fantastic chance to test out the process of putting together a viewpoint, making an argument and trying to be persuasive.”
Western Law’s assistant dean of equity, diversity, inclusion and decolonization (EDID), Sunil Gurmukh, said this experiential learning opportunity, and Lepofsky’s role more broadly, is helping the faculty impart a disability lens on the curriculum. Gurmukh notes that “advancing accessibility is a core aspect of advancing EDID.” According to Cheslock, this is a lesson she’ll carry forward as she begins her career.
“Professor Lepofsky made a point that will stick with me: equity, diversity, and inclusion (EDI) is an important endeavour, however, accessibility shouldn’t be forgotten about when our society looks to further the goals of EDI,” said Cheslock.
“The experience has inspired me to expand my own research into accessibility and accommodation and how it applies in the workplace and look to see how I can create positive changes relating to accessibility more broadly within the community while I practice law.”
