The Province of Alberta is currently reviewing
legislation on Service Dog access. The Canadian Government is also pursuing the
development of a Canadians with Disabilities Act, and the Canadian General Standards
Board is working with Veterans’ Affairs on defining standards for service dogs
as well.
I've written a letter to as many of the involved entities as I figured were reasonable: Veterans Affairs, the Standards Board, the Ministers of Health for both Alberta and Canada, the Minister for Sport and Persons with Disabilities, and the Alberta Minister for Human Services. Lots of copies. I'm hoping at least someone will find what I have to say helpful.
Here it is:
As an Albertan with an invisible disability
(PTSD), I would very much like to have clearer standards in place for service
animals. I work
with my dog, Ben, who keeps me anchored, reduces my hypervigilance, assists me
with recovery from trauma nightmares, and helps me pace myself throughout the
day. He is, of course, not a certified service dog … because there’s nowhere
for me to go to get him certified. The only programs for PTSD dogs are for
veterans and first responders, and there’s no route for owner-trained service
animals to become officially recognized. I have been working with the JIBC
Public Access Test as my guideline, and Ben could probably pass it now, though
he’s only had about four months of public training. We rely on the courtesy and
understanding of businesses and staff, and have not had any difficulties – but I
do recognize that there are people who think that if they put a vest on their
pet they can take it to the grocery store with them, and as it stands, it’s
really difficult to address these kinds of problems.
I have a
few suggestions I would like to share with you, including some proposed
strategies for meeting the needs of disabled individuals who rely on service
animals while at the same time recognizing the needs of individuals who do not
want to have animals around them. My mother, in fact, suffers from a severe
auto immune disorder, and must avoid most animals for the sake of her health:
she and others like her should have access to places that are animal-free, just
as people like me should be able to access public services with our dogs beside
us. As Canadians, I’m sure we can find ways to accommodate both types of needs.
First and
foremost, I believe that the standards
of behaviour for service dog teams in public should be made clear and
unambiguous. If business owners, staff, members of the public, and service
dog owner/handlers were all clear on what a service dog team ought to look
like, it would be much more straightforward to identify individuals who are
abusing the privilege to bring pets along with them or who have dogs that aren’t
yet ready for full public access. I know that my dog must lie quietly at my feet
under the restaurant table, not sniff at merchandise on the shelves, and
tolerate being greeted by strangers. I know that a dog who is pulling at the
leash, stealing food from tables, or exuberantly racing around in circles is not
in a working frame of mind. It would seem that not everyone knows these things,
including some individuals who claim to have a service dog.
Service Dog Teams
should:
·
Be courteous and respectful of
others: keeping the
dog out of the way of traffic (dog under the table, next to the chair, etc.), keeping
the dog well-groomed and tidy, as well as cleaning up any messes created by
muddy paws or bathroom breaks
·
Remain in working position while
working: dogs
should remain on the ground/floor at all times unless working at a task that
requires being carried or seated next to their owner/handler (i.e. dogs should
not sit on restaurant benches, ride in grocery carts, or sit on waiting room
chairs)
·
Be aware and under control at all
times: service dogs
should be focused on their owner/handler and their tasks, and the owner/handler
should be aware of their dog’s needs, providing breaks as necessary and
supporting the dog in exhibiting good behaviour
·
Be clearly identified: service dogs at work need to be
easily distinguished from pets with a vest, harness, leash, leash tag, or other
means appropriate to their work and circumstances. This makes it much easier
for business owners and members of the public to behave appropriately when
meeting a service team.
Service teams that do not meet these standards of behaviour should be
asked to leave the public space they are in. Repeated problems should be
reported to the appropriate investigative body (bylaw? the local police?) and
fines assessed as necessary.
Owner/handlers who are unable to perform all the necessary maintenance
and management (mobility impaired individuals who cannot do bathroom cleanup,
etc.) should have alternative supports in place. It’s your responsibility to
ensure things are taken care of, one way or another.
If every
business and member of the public were aware that this is what a service team
should look like, there would be fewer misunderstandings and challenges to
legitimate working teams. If you look and behave like a service team, then
chances are really good you are a
service team (and if you aren’t, well, at least you aren’t causing any
trouble). Anyone causing trouble can be asked to leave without fear of
reprisals (“I’m disabled! You can’t discriminate against me!”) because the standards
of behaviour are clearly laid out and it’s not discrimination to insist that
the rules be followed by everyone.
I do believe that official certification should be available to service
teams that wish to pursue it. Those who are willing to simply behave according to the guidelines and
accept that they may be asked to leave if they are not up to the standards
should be able to do so … but businesses should also be allowed to request that
only Certified Service Dogs be allowed on the premises (assuming such
certification processes exist for all types of service dog teams, and in all
provinces, which they don’t, at present). This would limit public access for
uncertified service dog teams to “dog friendly” businesses, while still
providing full access for those who are certified.
In order to be a Certified Service Dog Team:
·
the
team should have to pass a standardized
public access test (such as the one offered at the JIBC) overseen by an
authorized test administrator
·
present
a letter from a health professional
(medical doctor, registered psychologist, or occupational therapist) indicating
that this particular individual requires this particular animal for full time
support
·
present
documentation from a veterinarian
confirming that the dog is in good health, up to date on vaccinations, and that
the veterinarian is confident in the owner/handler’s ability to care for the animal
on an ongoing basis
Certification should
be valid for three years, with the same documentation required at renewal. It would be best if the application
and renewal fee were kept to an absolute minimum, as individuals with
disabilities severe enough to require a full time service dog have a good
chance of being on a limited income. Certification
should come with an ID card like a driver’s license, with a photo of the owner/handler
and the dog, and businesses should be allowed to ask that it be shown.
Serious or repeated complaints about a service team should result in
withdrawal of certification and require the return of the Service Dog Team ID
card, with severe fines for not complying.
Both active and retired service dogs should be allowed to remain with
their owner/handler, even in accommodations that do not normally allow pets.
Service Dogs in
Training should have
to pass a slightly different test, also administered by an authorized tester,
with more emphasis on the trainer’s skills. Service Dogs in Training require
access to public spaces in order to develop their skills, and their handlers
must be highly educated about how to train a dog successfully, when to remove
them from situations, and how to deal with the public: mistakes will be made,
and trainers need to be able to address these issues to the satisfaction of the
test administrator. Veterinary documentation should also be required for
Service Dogs in Training, but medical documentation would not be necessary, as
the trainer is not necessarily the individual who will work with the dog in the
long term.
Airlines should allow all Certified Service
Dog Teams and Service Dogs in Training to be in the cabin.
Hotels
should allow all Certified Service Dog Teams and Service Dogs in Training to be
in their rooms. Hotels should be able to set aside a certain percentage of
their rooms as “animal free”, for those who have allergies and sensitivities,
but should be required to have a miniumum number (or percentage) of rooms
available for individuals travelling with service dogs. No additional fee
should be charged for a Certified Service Dog or Service Dog in Training. Any
damage to the room should be treated the same way as if any other guest caused
it – by charging the guest for restoration.
Taxis should allow all Certified Service Dog Teams and Service
Dogs in Training to be in their vehicles. Taxi companies should be able to set
aside a certain percentage of their vehicles as “animal free” and individuals
with sensitivities should be able to request such a vehicle when they call for
a cab. No taxi company should be able to refuse to transport a service dog
team: if the company does not have a vehicle available for the team, they are
obligated to arrange for one from another company.
Businesses with
additional hygiene requirements (swimming pools, health facilities,
etc.) should be able to apply for exemptions from allowing service dogs in
specific areas, and this would need to be assessed on a case by case basis with
attention paid to meeting the health needs of all users.
I believe that there is also a need
for a category of support animal that is below that of full time service dog,
but above that of “just a pet”. This would be similar to the Emotional Support
Animal category in the US: I would suggest Certified
Household Companion Animal. This title makes it abundantly clear that the
animal is not granted public access
rights, but is expected to be allowed
in any household. This makes room for individuals with varying levels of
difficulties to have a designated support animal in their home, even if the
accommodations would not normally allow pets.
Like with
Service Dog teams, the expectations need to be clear and unambiguous.
Certified Household Companion Animal owners are required to:
·
present
a letter from a health professional
(medical doctor, registered psychologist, or occupational therapist) indicating
that this particular individual requires this particular animal for at-home
support
·
present
documentation from a veterinarian
confirming that the animal is in good health, up to date on vaccinations, and
that the veterinarian is confident in the owner’s ability to care for the animal
on an ongoing basis
·
crate or remove the animal from the premises
when notified by
the property owner 24 hours in advance of service / landlord / maintenance /
cleaning visits
·
keep the animal under control at all
times: quiet,
within the owner’s designated space, out of common areas (except in the course
of going to and from one’s home)
·
clean up all animal waste within a reasonable
time: if the person
is unable to do this themselves, then they must arrange for a cleanup service
to come at a minimum of twice per week
Landlords, neighbours, and members of the public should report concerns
to the owner in writing, and if not adequately addressed within three weeks,
should write again, sending a copy to the appropriate enforcement agency (local
animal control? bylaw? police?).
Certification should be valid for five years with the renewal process
requiring the same documentation as the initial certification.
Businesses may choose to offer services to Certified Household Companion
Animal owners at a reduced rate (e.g. hotels may waive or reduce the pet fee)
but this would be strictly voluntary. No
business except those providing long term accommodations (rentals, landlords,
condominium associations) should be required to accommodate Certified Household
Companion Animals. There are many pet friendly hotels for individuals
wishing to travel with their pet, so this is not an undue restriction.
I am very pleased to see that the
provinces and the federal government are working to clarify the regulations surrounding
service animals and public access in ways that recognize the needs of varying
forms of disability and the wide variety of assistance that dogs, in
particular, can provide. If I can be of any assistance in your work, please do
not hesitate to contact me. I believe that all Canadians have the right to feel
safe and comfortable in their surroundings, and Ben and I are committed to
being good citizens, good guests, and good examples to others.
