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Service Animals: Police have Some Learning to Do

May 14, 2014

service dog

The recent confidential settlement of 2011 complaint to the Manitoba Human Rights Commission suggests that that those most directly responsible for enforcing the law in Brandon have a limited understanding of human rights as they apply to invisible disabilities and service animals.

This provides yet more compelling evidence of the need for strong and effective accessibility standards in Manitoba. And thankfully, the requirement that persons with disabilities be able to bring their service aninimals into premises open to the public is one element of the proposed Customer Service Standards now being reviewed in Manitoba.

Sadly, the complaint took three years to reach a settlement, the person affected felt “totally degraded" by the incident and the Brandon Police Service, while apparently paying for costs as part of the settlement, continues to maintain the position that there was no merit to the complaint.

Here is the story as reported in page B3 of the May 14th print edition of the Winnipeg Free Press. Click here to download the story as a PDF.


Police settle with vet over service dog

By Steve Lambert
A MILITARY veteran with posttraumatic stress disorder who was removed from a bar in western Manitoba for having a dog at his side has reached a settlement with the local police force.

The confidential settlement — a payment by the Brandon Police Service to Billy-Jo Nachuk — is one of several cases where veterans with PTSD have been questioned about why they need a service dog.

“It’s often misunderstood when people have an invisible disability,” Patricia Knipe, spokeswoman for the Manitoba Human Rights Commission, said Tuesday. “People have a little bit of education to go through to recognize that not everybody with a service dog has a physical disability.”

Nachuk filed a complaint with the commission after an encounter with police at the Keystone Motor Inn Lounge on April 16, 2011.

Nachuk said he and a friend were in the bar along with Nachuk’s service dog, Gambler, when an employee told him he had to leave. Nachuk said he had certification papers proving his dog was needed as part of his PTSD treatment to help him cope with anxiety in public situations, but three police officers refused to listen to him.

“Mr. Nachuk alleges that one officer asked, ‘So what’s with the dog?’ to which he replied: ‘It is a service dog.’ Mr. Nachuk describes the officer as responding ... ‘Why? You’re not blind.’ ” reads a report from an independent adjudicator appointed to hear the matter.

Nachuk left the bar and, according to the report, later said he felt “totally degraded.”

The Brandon Police Service denied the allegations, but offered $5,500 earlier this year to settle the matter. Nachuk rejected the offer and it was deemed too low by the commission.

A new offer was put forward and accepted, but the amount is confidential.

The police force said Tuesday the settlement does not include any admission of wrongdoing.

“From the outset, Brandon Police Service denied the allegations made by Mr. Nachuk, and continues to maintain the position that there was no merit to the complaint,” the police force said in a news release.

“Because of the time and expense involved with a contested adjudication, and recognizing there is no ability to seek reimbursement for legal expenses, Brandon Police Service made a practical decision, and proposed an offer of settlement to the complainant.”

There have been similar cases recently involving members of the military.

In March, veteran Michael Sharron was turned away from a restaurant in Prince Albert, Sask. Sharron also has post-traumatic stress disorder and said he needs the service dog, Rylie, with him for medical reasons.

The restaurant owner in that case said Sharron did not say he was a veteran or indicate why he needed a service dog.

In January, an Alberta soldier with PTSD was told by Air Canada she would not be able to bring her dog on board the plane as a service animal.

Sgt. Shirley Jew said the airline told her PTSD wasn’t recognized as a disability that requires a service dog, so her animal would have to travel as a pet for a $50 fee.

Air Canada later refunded the ticket and apologized.

— The Canadian Press

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