As I mentioned briefly in an update to my January 1 post on the Jodhan ruling, the federal government has filed an appeal in addition to their motion for reconsideration. Apparently, an appeal on a protective basis was filed on December 29 2010, giving the government an extra ten days to appeal the November 29 decision and the appeal itself was then filed on January 7 2011.
This information took a while to become public (probably, as the court officer I spoke to speculated, because it lay around on someone’s desk for a while). Anyway, I have since received a copy of the government appeal that I am reproducing in its entirety hereafter (it is not available online but it is public).
Continue reading overkill: Canadian government files appeal in the Jodhan case
Update: Since the publication of this post, the Government of Canada has filed an appeal in addition to the motion for reconsideration. From what I understand, an appeal on a protective basis was filed on December 29 2010, giving the government an extra ten days to appeal the November 29 decision and the appeal itself was then filed on January 7 2011. This information took a while to be published on the Court Index and Docket website and I was only made aware of these developments on January 10 so please keep this in mind while reading this post. These developments do not however change the opinions expressed herein. I will try to write a follow-up soon. (CR - 11-01-2011)
Disclaimer: I want to make absolutely clear that any views expressed in the following article are my own and, as far as I know, do not necessarily reflect the views of the organizations I am affiliated with. Also, I know a lot of individuals who work in government and the following views are not in any way a judgment on their commitment and their work. Finally, I am not a lawyer. And I do not play one on TV.
For the last month or so, many people in Canada had been waiting to find out whether or not the Canadian government would appeal the decision in the case of Donna Jodhan v. the Attorney General of Canada. The Government of Canada had 30 days to appeal the judgment rendered by the Honourable Justice Kelen on November 29. On that day, the Judge essentially ruled that the inaccessibility of federal government websites is a violation of Article 15 (1) of the Canadian Charter of Rights and Freedoms as it constitutes discrimination based on disability towards Ms. Jodhan and others with visual impairments. The ruling further stated that the Canadian government had 15 months (now roughly 14 and counting down) to make its websites more accessible.
Continue reading federal government files a motion for Reconsideration in the Jodhan case