Hallowe’en as a “blind man”: The legal perils of carrying a white cane and Canadian Legislation, White Cane Week 2020

Canadian Council of the Blind (CCB), White Cane Week 7 Minutes

Hallowe’en as a “blind man”: The legal perils of carrying a white cane

 

To commemorate White Cane Week in 2020 I will post daily articles giving readers some insight as to the types, history and importance of this vital tool used for mobility by blind citizens of the world.  Albert A. Ruel

 

*Note: Some of the legislation listed in this article may have changed or been updated since this article was posted on October 25, 2012.  I re-post this article as an example of Canadian legislation relative to the use of the White Cane.

Please find the original article in its entirety on the Alliance for Equality of Blind Canadians site at:

http://www.blindcanadians.ca/participate/blog/2012/10/halloween-blind-man-legal-perils-carrying-white-cane

 

posted in: Advocacy, Law & Policy

Posted by

Anthony Tibbs

on 25 October 2012 – 12:08pm

 

Yesterday, the AEBC released a press release in protest of the selling of “blind person” Hallowe’en costumes.

I agree that the sale of such costumes is wholly inappropriate or at the very least insensitive. Media portrayals of blindness are often, at a minimum, misguided. The public’s conception of what it means to be blind, and what people who are blind or who have low vision can do, is typically a far cry from reality. Dressing up and acting as a blind person can only further these misconceptions.

 

It should be noted, however, that not only is this activity insensitive and inappropriate from the point of view of the blind, deaf-blind and partially sighted community, but impersonating a blind person has already been decried by society. It is, in fact, against the law to do so in many jurisdictions. (See below for the various applicable legislative provisions.)

 

The gist of all this legislation is that, in these jurisdictions, it is against the law for a person who is not in fact legally blind, to carry a white cane (or, for that matter, any stick that is predominantly white and might be mistaken for such). If prosecuted, the sentence could include fines of up to $2000 and/or six months in prison!

 

It is, of course, highly unlikely that the police would take any interest whatsoever in a child dressing up as a blind person. An adult, particularly if he or she was in a public place and pretending to be blind, might be subject to greater scrutiny. I am not aware of any cases of these laws actually having been applied and a conviction entered, but isn’t to say that it hasn’t happened or would never happen, particularly if someone complained about the activity to the police.

 

This is not, in any case, a game, and people who are blind should not be made the subject of costumes and play, and there are potential legal consequences to doing so. Buyer beware!

 

British Columbia

 

Guide Animal Act, R.S.B.C. 1996, c. 177

 

[1] In this Act:

“white cane” means a cane or walking stick at least the upper 2/3 of which is white.

 

[5] A person who is not a blind person according to accepted medical standards must not carry or use a white cane.

 

[6] In a prosecution for contravention of section 5, the onus is on the defendant to prove that he or she is blind according to accepted medical standards.

 

[9] (1) A person who contravenes this Act commits an offence.

(2) A person who commits an offence under subsection (1) is liable on conviction to a fine of not more than $200.

 

Alberta

 

Blind Persons’ Rights Act, R.S.A. 2000, c. B-3

 

[1] In this Act,

(c) “white cane” means a cane or walking stick, the whole or the upper 2/3 of which is painted white.

 

[3] No person other than a blind person shall carry or use a white cane in a public place or public conveyance or other place to which the public is permitted to have access.

 

[4] A person who contravenes section 3 is guilty of an offence and liable to a fine not exceeding $250.

 

Saskatchewan

 

The White Cane Act, R.S.S. 1978, c. W-13

 

[2] In this Act …

(b) white cane means a cane or walking stick the major portion of which is white.

 

[3] No person other than a blind person shall carry or use a white cane in any public thoroughfare, public conveyance or public place.

 

[5] A person who violates section 3 is guilty of an offence and liable on summary conviction to a fine not exceeding $25.

 

Ontario

 

Blind Persons’ Rights Act, R.S.O. 1990, c. B.7

 

[3] No person, other than a blind person, shall carry or use a cane or walking stick, the major part of which is white, in any public place, public thoroughfare or public conveyance.

 

[6] (2). Every person who is in contravention of section 3 or of subsection 4(3) or who, not being a blind person, purports to be a blind person for the purpose of claiming the benefit of this Act is guilty of an offence and on conviction is liable to a fine not exceeding $500.

 

Quebec

 

An Act to Secure Handicapped Persons in the Exercise of their Rights with a View to Achieving Social, school and Workplace Integration, R.S.Q., c. E-20.1

 

[75] The following are guilty of an offence and are liable to a fine of $500 to $1,500 in the case of a natural person and to a fine of $1,500 to $7,000 in the case of a legal person: … (subsections (a)-(d) irrelevant and omitted)

 

[76] Every person utilizing a white cane or a dog guide while not being a visually impaired person is guilty of an offence and is liable to the penalties provided in section 75.

 

In this section,

 

(a) “white cane” means a cane the surface of which is at least two-thirds white; …

 

Nova Scotia

 

Blind Persons’ Rights Act, R.S.N.S. 1989, c. 40

 

[5] No person, other than a blind person, shall carry or use a cane or walking stick, the major part of which is white, in any public place, public thoroughfare or public conveyance.

 

[7] Every person who, not being a blind person, purports to be a blind person for the purposes of obtaining or attempting to obtain the benefit of this Act is guilty of an offence.

 

[8] Every person who violates this Act shall be guilty of an offence and shall be liable to the penalty provided by the Summary Proceedings Act.

Summary Proceedings Act, R.S.N.S. 1989, c. 450

 

[4] Every one who, without lawful excuse, contravenes an enactment by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless some penalty or punishment is expressly provided by law, guilty of an offence punishable on summary conviction and liable to a fine of not more than two thousand dollars or to imprisonment for six months or to both.

 

Newfoundland & Labrador

 

Service Animal Act, S.N.L. 2012, c. S-13.02

 

[2] In this Act

(d) “white cane” means a cane or walking stick the major portion of which is white.

 

[8] A person other than a blind person shall not carry or use a white cane in a public thoroughfare, public conveyance or public place.

 

[10] A person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction

(a) in the case of an individual, to a fine of not more than $500 or to imprisonment for not more than 30 days or to both a fine and imprisonment; and

(b) in the case of a corporation, to a fine of not more than $1,000.

 

Prince Edward Island

 

White Cane Act, R.S.P.E.I. 1988, c. W-4

 

[1] In this Act…

(b) “white cane” means a cane or walking stick the major portion of which is white.

 

[3] No person not being a blind person shall carry or use a white cane in any public thoroughfare, public conveyance or public place.

 

[4] Any person who violates this Act is guilty of an offence and liable on summary conviction to a fine of $25.

 

Disclaimer:

This blog is curated by the AEBC, but welcomes contributions from members and non-members alike. The thoughts, views, and opinions expressed in the Blind Canadians Blog are those of the contributing authors and do not necessarily reflect those of the AEBC, its members, or any of its donors and partners.

 

Re-Posted by CCB for White Cane Week 2018:

CCB Backgrounder:

 

The CCB was founded in 1944 by a coalition of blind war veterans, schools of the blind and local chapters to create a national self-governing organization. The CCB was incorporated by Letters Patent on May 10, 1950 and is a registered charity under the provisions of the Income Tax Act (Canada).

The purpose of the CCB is to give people with vision loss a distinctive and unique perspective before governments.  CCB deals with the ongoing effects of vision loss by encouraging active living and rehabilitation through peer support and social and recreational activities.

CCB promotes measures to conserve sight, create a close relationship with the sighted community and provide employment opportunities.

 

The CCB recognizes that vision loss has no boundaries with respect to gender, income, ethnicity, culture, other disabilities or age.

The CCB understands in many instances vision loss is preventable and sometimes is symptomatic of other health issues.  For the 21st century, the CCB is committed to an integrated proactive health approach for early detection to improve the quality of life for all Canadians.

As the largest membership organization of the blind and partially sighted in Canada the CCB is the “Voice of the Blind™”.

 

 

CCB National Office

100-20 James Street Ottawa ON  K2P 0T6

Toll Free: 1-877-304-0968 Email: info@ccbnational.net URL: www.ccbnational.net

 

 

Published by Albert Ruel

The Albert A. Ruel Road to Blindness A 21 year old man stood on the beach at the Sproat Lake Provincial Park with friends early in May of 1977, and upon gazing across the lake found the Gulf Oil sign missing from the dock-side filling station there. When this fact was shared with his companions they glanced at him with puzzled looks and said, “No Albert, the sign is still there”. That was the beginning of a road through confusion, anger, isolation, loneliness and discovery for me. It all began with a visit to a local Optometrist who could see that my vision wasn’t right, but that corrective lenses wouldn’t help. He then referred me to a General Practitioner, where I received a clean bill of health and an additional referral. This time to an Ophthalmologist. Immediately upon peering through the dilated pupils, Dr. McKerricher was able to see the problem, Retinal Vasculitis. Now, you would think that all would start to improve at this point, but that couldn’t be further from the truth. You see, CNIB, from 1918 until 1985 only served the needs of people who were “Legally Blind”, a level of vision loss I wouldn’t reach until November of 1979. The words of Dr. McKerricher still echo in my mind today, “Albert, I don’t know what has caused this and nothing we’ve tried is helping to stop it, and you’re not blind enough for me to refer you to CNIB”! In the middle of this transition from 20/20 vision to “Legally Blind” came the Motor Vehicle Branch and it’s rules of the road. On August 3, 1978 I drove a car for the last time as my vision had reached the level at which operating a motor vehicle became too dangerous, further intensifying feelings of fear, isolation and anger. Sadly, through this period the only available guidance and support was through family and friends, but not the experienced professionals I needed at the time. Although these support systems are critically important they can often be smothering and facilitating, rather than encouraging and supportive. With gratitude, and some trepidation I finally was able to access CNIB services in November of 1979, and the world opened up then. There I was able to meet other blind people and receive the daily living and mobility skills required to live independently in this sighted world. I learned elementary braille and began to discover technology as necessary tools of independence. Thankfully, in 1985 CNIB’s National Board altered the course of service to visually impaired Canadians forever. They added a third prong to their Mission Statement, “To promote sight enhancement services”. This opened the door to all Canadians who were beginning to lose sight, as well as those who had a fear of vision loss to access the full range of CNIB Support and Rehabilitation Services. So now, whether it’s someone’s Mother who is experiencing Macular Degeneration, or an Uncle experiencing the affects of Glaucoma, all have the ability to seek information, guidance and support as all involved deal with the fear and anxiety that accompanies such life altering experiences. With the help of professional Rehabilitation Workers and Employment Counselors I was able to continue traveling independently within my own community, and even more remarkably anywhere in the world I desired to go. I managed to attend College in Nanaimo and New Westminster, as well as traveling to the Mayo Clinic and to doctor’s appointments in Nanaimo and Vancouver without assistance. All of this while living with some usable vision, but not yet needing a white cane for travel. During the mid 1980’s I was a stay-at-home Dad and did all that was required of that challenging work, from changing diapers to preparing meals, and from cutting the grass to maintaining our home. I even took a woodworking course through Alberni’s Adult Education program and built and restored several pieces of furniture. Of course the 1958 Chevy Impala in the garage was my pride and joy, and I devised ways to do much of the work it required. I also joined and participated in many community activities, like the local Car Club, and a disability support group that catered to the needs of people with many different disabilities. Of course, continued participation in family life remained of critical importance through this period. In 1989 a secondary condition began to extinguish the vision that remained, which set into motion a new stream of professional rehabilitation services and supports. By the spring of 1990 Glaucoma had turned out the lights completely, and the darkness I had feared so desperately was upon me. Strangely though, I found this to be a great relief rather than the tragedy I had imagined it would be. Through several professional rehabilitation sessions, and by joining peer mentoring and advocacy groups I was able to come to terms with this strange feeling, and to learn additional skills and strategies for living with no visual cues of the world around me. This is also about the time that I decided to explore CNIB as an employer, and to see if I could provide the sort of guidance and support to others that had been my pleasure to receive. Those 14 years were a wonderful experience of ongoing discovery for me, as teaching may be the best way to solidify one’s own learning. In other words, those we assist through this transition in turn help us all as we develop best practices and improved service. Following a 14 year career with CNIB I also served the blind community as the first National Equality Director employed by the Alliance for Equality of Blind Canadians (AEBC), and as a Basic Computer Literacy Trainer with the Canadian Council of the Blind (CCB). Most recently I have enjoyed coordinating the CCB’s newly launched Get Together with Technology Program in Western Canada, which brings to the fore my passion for assistive technology and the power of peer mentoring. Without sight I have continued to travel far and wide, with trips to Conventions of and for the Blind in Anaheim California and Melbourne Australia, as well as to many events and activities in Toronto and Vancouver. Of course my work has taken me to many communities throughout Western Canada, and most particularly nearly all regions of BC and on Vancouver Island. None of which would have been possible without the services and support of organizations like CCB, AEBC and CNIB. For most people blindness generates a fear of extended movement, both within one’s home and community, but that doesn’t have to be the case. Independence comes from personal desire and increased skill. Many community organizations can assist with both through their mentoring and skill development programs. I remember always that life has little to do with what happens to me and 100% what I do about/with it. There is a quote I like to use from the National Federation of the Blind in the USA, “With adequate skill development and opportunity blindness can be reduced to the level of a nuisance”, and nothing could be closer to the truth. Helen Keller said many years ago, “There is nothing more tragic than someone who has sight, but no vision”. She also challenged the Lions Clubs of the world to become the “Knights of the Blind, and to take up the crusade against darkness”. I too joined a Lions Club in 1992 and continue to work on the crusade that Helen Keller began in the 1920-s.

Published