Cynthia Desgagné, who was recovering from a workplace injury, found it challenging to navigate the stairs in her Quebec City residence. Seeking a new apartment, she turned to Facebook Marketplace and thought she had found the perfect place. However, upon informing the landlord about her service dog, she was denied access to the apartment without even being allowed to visit.
Desgagné, who lives with several health issues including post-traumatic stress disorder, had a service dog named Raziel as recommended by her psychiatrist. Despite providing documentation and explaining that Raziel was essential for her well-being, she was rejected because the building only permitted dogs weighing under 20 pounds.
After unsuccessful negotiations with the landlord, Desgagné took her case to Quebec’s human rights commission, which ruled in her favor. Subsequently, the province’s Human Rights Tribunal ordered the real estate company, Entreprise 9444-0831, and its vice-president Allison Turcotte-Cloutier, to pay approximately $7,000 in damages for discriminating against Desgagné based on her disability and her use of a service dog.
Turcotte-Cloutier, the vice-president, had argued that Desgagné’s condition did not qualify for a service dog, believing only individuals with specific disabilities were eligible. However, the tribunal determined that Desgagné met the Charter definition of a person with a disability and was entitled to a service dog as it significantly impacted her daily functioning.
Desgagné, who had faced repeated denials due to her service dog, emphasized the ongoing struggle to assert her rights in various situations. The case highlighted the lack of legislation in Quebec regulating service animals, leading to an increase in complaints related to service dogs in public spaces, workplaces, schools, transport services, and housing.
The Quebec government is now considering drafting legislation to address the rights and responsibilities regarding therapy and service dogs, aiming to establish clearer guidelines and standards for training programs. Despite the challenges faced, Desgagné remains determined to advocate for her rights and ensure equal treatment for individuals requiring service animals.
The issue also raised concerns about the breed of service dogs, with Turcotte-Cloutier questioning Raziel’s suitability based on her breed. However, Sonia Baillargeon, the trainer of Raziel, emphasized that a dog’s behavior, not its breed, determines its qualification as a service dog. The tribunal dismissed claims of breed-related concerns as valid reasons to deny the service dog.
Turcotte-Cloutier, through her lawyer, expressed disagreement with certain aspects of the ruling but opted not to appeal. Despite the differing perspectives, the case underscored the importance of recognizing and respecting the rights of individuals with service animals in Quebec.