Graeme McCreath has filed a complaint with the B.C. Human Rights Tribunal, alleging he was discriminated against by Bluebird Cabs Ltd. (Black Press Media file photo)

Graeme McCreath has filed a complaint with the B.C. Human Rights Tribunal, alleging he was discriminated against by Bluebird Cabs Ltd. (Black Press Media file photo)

B.C. man accuses taxi driver of leaving because he had guide dog

Bluebird Cabs Ltd. application to dismiss complaint denied

A Victoria man who is blind has filed a complaint with the B.C. Human Rights Tribunal, alleging he was discriminated against by a Victoria taxi company.

Graeme McCreath said he was at his doctor’s office in July 2018 with his guide dog when office staff called Bluebird Cabs Ltd. for a cab to take him home.

The B.C. Human Rights Tribunal ruled against Bluebird’s attempt to have the case dismissed and said it would go to a hearing.

According to the decision from the tribunal, the first cab to arrive did not pick up McCreath.

McCreath alleges the driver left after seeing his guide dog. His doctor’s office then called the same company for another cab and McCreath says, in an amendment to his complaint, that the second cab driver “immediately proceeded to scold [him] for not letting them know [he] needed the ‘pet friendly’ cab.” McCreath says the driver chastised him the whole way home and explained the driver of the first cab had an allergy and could not take McCreath.

McCreath alleges Bluebird discriminated against him because services to people with guide dogs are customarily available to the public on the basis of physical disability.

The B.C. Human Rights Tribunal decision says Bluebird denies discriminating against McCreath and applied to have his complaint dismissed, stating McCreath’s complaint has no reasonable prospect of success and is not an arguable contravention of the B.C. Human Rights Code.

Human Rights Tribunal member Pamela Murray, however, denied Bluebird’s application to have the complaint dismissed. In the decision, Murray says McCreath’s amended complaint “meets the standard to allege an arguable contravention of the code.”

READ ALSO: Blind runner wins discrimination case against TC10k

In the decision, Murray says there are also issues about whether the first cab driver saw McCreath and where he was standing when the cab arrived.

In addition, Bluebird did not amend its response to deny what McCreath alleges the second cab driver said to him.

“I cannot find in these circumstances – even after reviewing all the documents the parties provided on the application – that Mr. McCreath’s complaint has no reasonable prospect of success,” Murray says in the decision.

According to the decision, Bluebird’s dispatch and GPS records show the first cab accepted the call to pick up McCreath at 1:06 p.m., arrived at 1:10 p.m., marked the call as a no-show at 1:13 p.m. and left the building two minutes later. Whether or not the first cab driver even saw McCreath is under dispute.

McCreath alleges the driver left after seeing he was travelling with a guide dog. The driver says he did not see anyone who looked like they were waiting for a cab and did not see a guide dog. The driver also says he does not have an allergy and can transport dogs, providing evidence that he has done so before and after the incident, according to the decision.

The decision says Bluebird itself has a policy stating that drivers cannot decline to transport guide dogs unless they have a documented allergy.

READ ALSO: Victoria man challenging human rights tribunal ruling over guide dog discrimination

A second cab was dispatched to the doctor’s office at 1:16 p.m. and picked up McCreath seven minutes later. Bluebird says no calls were made between the first and second cab driver between 1 and 1:30 p.m. that day, the decision says.

Bluebird argues McCreath’s complaint about the first cab driver is “based on conjecture and speculation.”

“In my view, a hearing is necessary to decide what happened and to make credibility findings, in particular about whether the first cab’s driver saw Mr. McCreath,” Murray says in the decision.

In a hearing, the onus will be on McCreath to prove his disability was a factor in alleged adverse impact, like the first cab not picking him up. Only then would the onus shift to Bluebird to prove a defence, the decision says.

READ ALSO: Court rejects discrimination suit from Victoria guide dog owner

Previously, McCreath has filed discrimination cases against Victoria Taxi and the TC10K. His case against the TC10k – a complaint against the race director for not letting him start five minutes early in the race – won and the B.C. Human Rights Tribunal ordered the organization to pay damages and accommodate him.

He lost his case against Victoria Taxi, where McCreath said he and his guide dog were refused transport by a cab driver due to allergies. At the time, another cab was called for McCreath and it arrived within minutes.

shalu.mehta@blackpress.ca


Like us on Facebook and follow us on Twitter

disabilities

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Smithers District Chamber of Commerce coveted Alpine Man Statue for winners of the 2020 Community and Business Awards Nov 25. (contributed photo)
Smithers Feed Store named Business of the Year

Chamber of Commerce Community and Business Awards handed out in virtual ceremony via Zoom

The Terrace River Kings lost 9-3 to the Quesnel Kangaroos on Mar. 2, 2019 in the final CIHL playoffs. (Lindsay Chung Photo)
Central Interior Hockey League cancels 2020/21 season

League open to playing exhibition games if possible

Questions around rail safety, firefighter safety, cleanup near the rail yards and tracks, whistle cessation, etc were raised during the RDBN meeting with CN. (File photo)
Regional district frustrated with CN response to grievances

‘A lot of our concerns are still not being heard,’: Houston mayor Shane Brienen

Skiers and snowboarders enjoy the fresh, fluffy snow at Fernie Alpine Resort.
Ski hill scheduled to open Dec. 4

Hudson Bay Mountain Resort will open without its usual contingent of international workers

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
41 positive COVID-19 cases associated with the LNG Canada site outbreak

Thirty-four of the 41 cases remain active, according to Northern Health

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. sets another COVID-19 record with 887 new cases

Another 13 deaths, ties the highest three days ago

Arthur Topham has been sentenced to one month of house arrest and three years of probation after breaching the terms of his probation. Topham was convicted of promoting hate against Jewish people in 2015. (Photo submitted)
Quesnel man convicted for anti-Semitic website sentenced to house arrest for probation breach

Arthur Topham was convicted of breaching probation following his 2017 sentence for promoting hatred

Langley School District's board office. (Langley Advance Times files)
‘Sick Out’ aims to pressure B.C. schools over masks, class sizes

Parents from Langley and Surrey are worried about COVID safety in classrooms

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The baby boy born to Gillian and Dave McIntosh of Abbotsford was released from hospital on Wednesday (Nov. 25) while Gillian continues to fight for her life after being diagnosed with COVID-19.
B.C. mom with COVID-19 still fighting for life while newborn baby now at home

Son was delivered Nov. 10 while Gillian McIntosh was in an induced coma

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. Premier John Horgan, a Star Trek fan, can’t resist a Vulcan salute as he takes the oath of office for a second term in Victoria, Nov. 26, 2020. (B.C. government)
Horgan names 20-member cabinet with same pandemic team

New faces in education, finance, economic recovery

The corporate headquarters of Pfizer Canada are seen in Montreal, Monday, Nov. 9, 2020. The chief medical adviser at Health Canada says Pfizer’s COVID-19 vaccine could be approved in Canada next month. THE CANADIAN PRESS/Ryan Remiorz
Health Canada expects first COVID-19 vaccine to be approved next month

Canada has a purchase deal to buy at least 20 million doses of Pfizer’s vaccine,

FILE – A paramedic holds a test tube containing a blood sample during an antibody testing program at the Hollymore Ambulance Hub, in Birmingham, England, on Friday, June 5, 2020. (Simon Dawson/Pool via AP)
Want to know if you’ve had COVID-19? LifeLabs is offering an antibody test

Test costs $75 and is available in B.C. and Ontario

Most Read