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Appeal Court Upholds Canadian Woman’s Web Access Case

A blind accessibility consultant who took the Canadian Federal Government to court over the inaccessibility of its websites has won a second victory, after the Canadian Federal Court of Appeal upheld an initial decision in her favour.

Canadian citizen Donna Jodhan, who is blind, won her first case against the government in 2010, after claiming that her rights were breached when she could not apply for a government job online or complete an online census form using screen-reader technology. The government then appealed the decision (see E-Access Bulletin issue 133), continuing a long legal battle.

In its defence, the Canadian Government had claimed the case should be thrown out since the information was available to Jodhan by other means – by telephone, post or in person. However, the appeal court has now upheld Jodhan’s 2010 victory, which included a ruling that the Canadian Government must make its websites accessible for blind and visually impaired citizens within 15 months.

Jodhan told E-Access Bulletin she was “absolutely delighted, humbled, and relieved that this decision has been handed down.” She said: “It is my sincere hope that the Canadian government will now take the initiative to work with our community to ensure that the court’s ruling is adhered to in full and in the spirit that it was meant to be. Now we need to build on this and use this as a launching pad for creating more awareness and to encourage all stake holders to work together for a common goal.”

In a press statement about the ruling, a spokesperson for the Federal Government said: “Our government is continuing to implement the Federal Court decision from 2010. We are committed to web accessibility and to date over 100 government institutions are converting their content in line with the Web Content Accessibility Guidelines.”

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