A student in a wheelchair is claiming nearly $100,000 from the University of Quebec in Montreal (UQAM) because he struggles to use “adapted” toilets, so much so that he fell several times. A situation that he has been trying to correct for several years and which has brought him “shame and frustration”.
Published at 6:00 a.m.
What you need to know
- A student in a wheelchair is demanding nearly $100,000 from the University of Quebec in Montreal (UQAM) because toilets, although advertised as “adapted”, are not suitable for him.
- According to the lawsuit filed in December, the computer science student fell to the ground several times while going to the bathroom.
- UQAM assures that it “scrupulously respects its obligations under the Charter of Human Rights and Freedoms”.
Olivier (fictitious first name) completed a bachelor’s degree in computer science at UQAM and soon wants to pursue a master’s degree. He has been using a wheelchair since a ruptured aneurysm at the age of 14 left him partially paralyzed.
Of the tragic event, the man remembers the artery that bursts in his brain like the sound of “the whole universe bursting” in his head; he called for help, then lost consciousness.
Now in his thirties, since the start of his university studies, he has encountered numerous obstacles for a most basic need: going to the toilet.
I fell several times and even urinated on myself because the only accessible toilet was on the fourth floor.
Olivier
Although the legal proceedings are public, The Press agreed not to name the student to preserve his dignity.
One of his falls occurred in a bathroom located in the basement, where cellular service was inaccessible.
PHOTO SARAH MONGEAU-BIRKETT, THE PRESS
This toilet for disabled people only has a grab bar. The student pursuing UQAM needs two of these bars to lift themselves.
“I screamed ‘Help, help!’ until people come. They wanted to help me, but I didn’t want them to force it for nothing, so I asked them to call security,” says the student, who also hit his head on the ground in another event at gender.
Some toilets supposed to be accessible to people in wheelchairs are not, deplores the lawsuit filed in December at the Montreal courthouse.
Olivier is claiming $98,500 from the university for the suffering linked to his falls, moral damages linked to “shame and frustration”, and the violation of his fundamental rights.
“There are also requests for permanent accommodations. Toilets marked as accessible should comply: have two grab bars, a motorized door and no dysfunctional magic eye,” says Me Marianne Routhier-Caron, who represents the student.
It happens, she explains, that an automatic door is installed, but a magic eye prevents this door from opening if an obstacle is detected.
This device prevented the student from leaving the toilet. “Sometimes I had to wait 20 minutes until a security guard came to open the door for me,” he says.
UQAM says it “scrupulously respects its obligations”
As the case was brought before the courts, UQAM indicated to The Press that she would not comment on it.
“UQAM scrupulously respects its obligations under the Charter of Human Rights and Freedoms. She carefully analyzes, on a case-by-case basis, all situations that require special accommodations and puts in place reasonable accommodations,” Caroline Tessier, director of the university’s communications department, wrote to us.
PHOTO SARAH MONGEAU-BIRKETT, THE PRESS
The lawsuit deplores in particular that toilets for people in wheelchairs are not equipped with a motorized door.
Olivier relates that following some of his requests and with the support of his student association, UQAM had his entire group change locations to ensure that they were closer to toilets adapted to their situation.
In some toilets, a second grab bar has been added.
Olivier’s lawyer deplores that the university only reacts when an unfortunate incident occurs, for example when he falls.
UQAM also provided a beneficiary attendant service to the student. But his friends know that he is “quite independent”, and the presence of a person “dressed like in the hospital” raised questions, relates the student.
“They asked me if my health was doing well, if I had regressed,” he illustrates.
Me Routhier-Caron adds that the assistance of an attendant is “very restrictive” for his client. “He has to plan all his trips. There is no spontaneity,” explains the lawyer, who specifies that this measure was initially supposed to be temporary.
The student claims that he decided to sue the establishment after a meeting with the management of UQAM, where he was allegedly told not to come to the university outside of his class hours.
“I am a student, I paid for my lessons. I paid for services outside of my class hours. I am a student like any other. I have the right to go to school,” he replies.
Olivier believes that people with disabilities should not remain silent, if only for those who, in the future, find themselves in the same situation.
“I asked myself a lot of questions: “Do I keep fighting, or do I stop?” I said to myself: “Let’s go, you can go.” »
