Disable This (Newsletter 2) - By Moses and Farhan Aboubaker

Farhan Aboubaker is a Canadian citizen living with polio (thus wheel-chair bound) which also means that he relies on Wheel-Trans as a form of Transportation.
However this service provider has failed his needs for accommodation, and has made his past and present attempts to obtain and keep jobs, or finish his education successfully near impossible. Likewise, to lead a quality independent life; not to mention the adverse effect they’ve had on his health and mental state over a chronologically documented series of events.
In order to understand the nature of his complaint against Wheel-Trans (TTC), one needs to follow the sequence of events that I am about to describe in the following paragraphs as they've happened to him, to the best of his recollection.

1) December 22nd 2006 - I was able to obtain funding from HRDC through a program called the Opportunity Fund ( please see details as to what this program's goal is all about at this page (http://www.hrsdc.gc.ca/en/disability_issues/funding_programs/opportunities_fund/national_projects.shtml ), which allowed me to register for a Marketing w/Digital Media Diploma (a 52 weeks enrollment course at the Canadian Business College (www.cbstraining.com) located at 2 Bloor St. West).
I began calling Wheel-trans reservation to setup for my school scheduling as follows: 9:00 am – 2:00pm at the Yonge and Bloor entrance, which is next to the CIBC bank entrance facing The Bay building. This was done to anticipate further confusions on the part of their drivers who had no previous experience picking-up passengers at that location. I also preferred to set-up the scheduling with their One day in advance trip Reservations system simply because it was convenient for me, in anticipation for the days where my health was not good and it would allow me to not worry about being penalized for trips I did not keep(which I could not take because of my health), or at least so I thought.
I began experiencing that the lines were always busy when the reservations line opened up at 7 am. It usually took me more than 30 minutes to get through and another 5-10 minutes to reserve a ride for the next day.
I would do that from school since most of my pick up rides were early in the morning at around 7:15am (which I didn't mind, better early than late with Wheel-Trans was always my motto) and could only book my next day rides at around 11am once their lines were less busy, and I was on lunch break at school. By then I was told that my reservations will be put on a waiting list and each time they would suggest the prebook service method to avoid the waiting list, and that this would eliminate the need to call a day in advance and deal with the waiting time to get through.
I complied and accepted their suggestion, far from expecting that this will go against me for the days I will be sick, and the days where some of their drivers will no show me at the wrong entrance (which is not even wheelchair accessible since it has revolving or no/ working push button doors) of the school building.

2) February 26th , 2007 - I wrote an e-mail to TTC Chair Adam Giambrone over an incident that took place in February 13th, 2007 and how I was dealt with, please find a copy of that email and his response attached to this document, since it even pains me remembering that incident let alone go into the details of describing my ordeal once again.
To this day they have not addressed the above incident nor issued me any apology much less an explanation as to what was done about it.

3) March 6th, 2007 - that day my pick up time from school was 2:00-2:30pm, a Wheel-Trans bus driver showed up around 2:35pm, I boarded the bus, he realized that he’s not here for me but rather for an older Caucasian lady. He was however nice enough to call the dispatcher and asked if he could take me with him since I happen to be travelling the same route.
He was told, by the female dispatcher to leave me there and that my bus was seconds away. In fact, by the time the second driver arrived it was by then 3:05pm, far from seconds.
I recall that day as if it was yesterday. It was a beautiful sunny day, I asked the second driver why I was being picked up late again noticing that he was the same new driver who a week before that day, was late.
He dismissed me by saying that I would not understand how their scheduling works, that I shouldn’t be asking any questions, and that he didn't want to talk about it. At that point I complied and was silent throughout the trip. As well there was an older man next to me that day by the name of Mr. Singh, who seemed quite exhausted. He proceeded to drop Mr.Singh at his stop.
The driver stopped the bus at my address at around 3:35pm, came from the rear door and saw me taking off the seat belt that was around my waist. He then sarcastically said “Oh! I see you can untie your belt maybe you should also do the rest“ referring to the belts attached to my wheels, which obviously was his job to remove the hooks since I am unable to reach, and he had attached them to the wheels in the first place.
At this point I am frustrated and inconvenienced, by his lack of respect, much less his professionalism and I recall telling him to do his job and not cause me further stress than he already had, he proceeded in removing the remaining belts and forcibly held on to the back handles of my wheel-chair as I was turning around to exit the bus from the rear door, saying with authority “You are my responsibility and you will not leave my bus without me escorting you”. I told him to take his hands off my wheel-chair and with a sudden pull with my wheels forward was able to free myself from his grip and proceeded to use the back door to leave the bus as he threatened me with “I am reporting you to the inspector on duty at Wheel-Trans” while barracading himself and shutting down the bus engines, thus further delaying other riders, as well as myself that day.
My Community Housing Worker Eddie Fisher who along with my neighbor Stuart were my witnesses that day as I was coming towards them visibly upset and shaken from the experience I just had with that driver. I reached home and called Customer Service to report him.

4) Saturday March 10th, 2007 at around 10:49AM I received a call From Mr. Dean Milton (Customer Service Supervisor) I sensed from his tone and nuance in his voice during the conversation with him that he was less apologetic for the behavior of his driver, and more concerned about the very Driver who not only was dismissive but bullied me in that bus, and who chose to concoct a story about me abusing him.
Mr. Milton went on lecturing me about how their drivers are stressed, and that I am not supposed to even ask why was my ride was late. He ended by saying that he will further investigate, and that in future I should be calling his direct line at customer service.

5) March 12th, 2007 I get a letter from Mr. Milton (pls find a copy) of a possible suspension where I am partially admonished like a teenager, downplaying my perception and twisting everything I had said, to his convenience. He chose to believe his Driver, that I was the abuser to his Driver.
When in fact what I did was ask why was the bus excessively late? I also made it clear that I refused to be handled like a livestock, and ordered around with undue authority by some of their drivers.

6) June 28th, 2007 I was stranded by Wheel-Trans, my pick up time was 2:00pm - 2:30 pm. Terrence Wang, a fellow student at Canadian Business College helped me take the Subway, From Bloor to Spadina Station where I had to wheel myself all the way home to College St with great difficulty carrying my heavy handbag laptop, because my friend had to catch the next train to Scarborough before leaving me at the exit of that subway station.
I will spare you the humiliation I had to endure being carried up and down stairs and experiencing that some TTC stations were not Wheel-Chair accessible or their elevators not working that day.

7) July 23rd, 2007, my ride was scheduled for a 7:15am-8:00 am pick up, with a Wheel-Trans bus driver. Little did I know that the very driver who accused me of abusing him in March 6th and whom I got reprimanded for (by Mr. Dean Milton March 12th) would be the one showing up around 7:35am. I noticed that he cut his long hair and trimmed his moustache, probably thinking that I would not recognize him, he moved around the bus, fixing the mirror, pretending not to see me. I went towards the bus unassisted, and noticed that he purposedly placed me in front of where they hang those big belts of hooks made of metals and that he still had his usual tone of "do as I tell you or else I'll call the inspector", there was a lady seated to my right in the bus, listening to both of us arguing. I decided to leave the bus, before again being accused of doing worse things to him, and reported him.

8) I get a call few days later from Mr. Dean Milton, whom this time seemed perplexed that the very same Driver who accused me of abusing him would show up for my ride, and promised me that he would no longer be dispatched to me. I asked for a written explanation of all that had happened to me under his watch, to this day I am still waiting.

9) August 9th, 2007 I was awaiting (at Yonge & Bloor near CIBC entrance/exit door which is where I was supposed to be picked up from day one) as usual for my ride that was scheduled for 2:00-2:30pm. Around 2:40pm I started worrying and wondered if this was not another sign of being inconvenienced (delayed or worst, stranded!) by Wheel-Trans again.
From a distance to my left, at the corner of Cumberland & Yonge, I noticed a female bus driver from Wheel-Trans ready to stick a "no show" yellow slip on the wall. I rushed towards her and once I noticed that the note was for me, told her "This isn't where I am suppose to be picked up", in which she replied, (while smoking a cigarette) "This is where you asked me to drop you once".
I have asked drivers in the past to drop me off to this entrance as it leads straight to the food court service elevator. This I had requested out of convenience for me, to wait for my classes to begin. Whenever I was given an early ride (7:15am-8:00am) schedule from Wheel-Trans and had to wait until the school opens (which is at 9am), the food court of the building at 2 Bloor St. West was the most practical area to wait.
I didn't think that this would be her excuse to no show me, for she did not even apologize when I told her that she could have double checked with reservations, or even with the building securities at the CIBC door as they knew which entrance I usually waited to be picked up from on my way home every day.
I got dropped off at around 3:20pm, exhausted and stressed, I had to meet my friend Debbie at her house around 4pm. She is also a client and needed a few alterations done for her Business card that I had designed. With not much time to eat, I rushed and wheeled myself to her house located on Henry St.
Late at night around 11:00pm after dinner is when I had difficulty breathing on my left side, and was rushed by Debbie and Kempton (another friend) to Mt. Sinai Hospital Emergency unit, where I was diagnosed with a Spontaneous Pneumothorax, medical term for lung collapse, in my case the left lung only.
This subsequently led me being hospitalized at Toronto General Hospital, with a tube inserted in my left rib for 5 and a half days with no phone at my bedside.
Anyone calling on my behalf to Wheel-Trans Customer Service was grilled with questions in a rude manner, or was told that I should be the one calling in to book or cancel in the past, not anyone else on my behalf. Later I was to find out that they were counting the "No Shows" against me.

10) October 2nd , 2007 was not only my last day at school but was a day where I was stranded twice, spoken to rudely over the phone by the same belligerent Customer Service Representative (by the name of Janice?Janet or Dorris? Don't quite remember her name), the same rude woman I spoke with on February 13th for I recognized her distinct accent in her voice.
It was also the very day they dispensed me a letter (one of many) informing me of a 30 day suspension of Wheel-Trans Service which I received a week later, and that I had to call their Customer service if I wanted to appeal.

11) November 16th, 2007 around 3:20pm I received a call from Mr. Milton, this time I refused to talk to him and simply told him that it was too late, for damage and harm was already done as far as I was concerned, and I hung up the phone.
In Summary, it became very clear to me that I have been the object of discrimination, harrassment, and a series of reprisals in the guise of guidelines, a suspension, and letters ( I prefer to call them threats) that interfered with my schooling and quality of life. They also were used as a form of justified reprisal as stipulated in their guidelines, to punish me with, and remind me that I am at their mercy.
Under the Ontario Human Rights Code, R.S.O 1990, c. H.19, I believe that I have been the object of their (Wheel-Trans Customer Service & Staff, TTC Chair Adam Giambrone and his office) extreme prejudice, for I also feel that they used what they perceived to be my "Disability, handicap etc.." as a tool against me, my race and culture was also a possible factor which resulted in the unequal treatment (through their policy guidelines and abuse of authority), and in the humiliating manner and methods (reprisals and tarnishing my character) with which I was dealt with.
Wheel-Trans Management and decision makers have shown no regards towards my constitutional rights, much less my health and need for accommodation, ever since I voiced myself against the abusive treatment I had endured from some of their drivers and staff.
Rather than addressing the humiliating poor quality service which they subjected me to, they chose to dance around my case. At the same time they tarnished my character as abusive, and denied me due process, when I have no history nor reason of being as such with their drivers and staff (neither in the past nor present).
I personally have tried to resolve this with them as I have stated in my February 26th , 2007 e-mail that was addressed to TTC chair Adam Giambrone. When I could not get anywhere with their Customer Service Department, my case worker Lilly called them to request that they revoke their decision of suspending me from Wheel-Trans Service to no avail; what was given as a response was torment with the very transportation that was suppose to accommodate my needs, barrier free, and with dignity while going to school.
My position hasn't changed, what I sought and wanted then from the office of TTC chair still applies to past (and the latest) violations/incidents, and nothing short of justice will bring me peace of mind from those who violated my basic rights, and made my school trips difficult.
I also hope that their "no/show and cancellation guidelines" be tossed in the dust-bin of history, and that a separate body than TTC monitors their abuse of authority, by giving us a Direct Access Line when we are put in a situation of distress & despair. I am concerned that without this monitoring of abuse of authority, much worse and tragic situations may befall other passengers of Wheel-Trans (commited by unchecked and unscrupulous Wheels-Trans staff) before the service effectively acts to enforce and teach their staff all that their mandate purports itself to be delivering in regards to, our safety and dignity.
The following are the remedies I seek :

• Changes made to Wheel-Trans Policy & Guidelines according to our needs for accommodation, not one which is used as a Damocles sword for policy, and serves only the politics/policies and taste of the day of those who abuse authority and responsibility to their convenience.

• Apology for all that has happened on to this day, for I refuse to use a service that endangered not only my safety by lumping me with belligerent, ignorant and racist individuals as drivers but also who failed to address the issue and has caused me loss of time and health, both physically and emotionally in enduring a humiliating ordeal.

• Compensation for lost opportunities and damages caused to my person and health as indicated above.

• Guarantees that there won't be any form of reprisals in the future or any humiliating unequal treatment towards my person.

• I request a complete and fair Investigation from the Ontario Human Rights Commission to all that I have stated.


What is wrong with this picture;

1) No apology has been issued at any point to the Plaintiff.

2) An out-of-court was initially dangled by T.T.C Wheel-Trans Lawyers to the Plaintiff

3) The clients' lawyer drops the case, suddenly and unexpectantly after representing the Plaintiff for about 2 years.

4) Without legal counsel, the Plaintiff e-mails the Court for an adjournment towards a hearing scheduled for March 11/10 at 9:30 AM. He is denied. The Court is even aware that the Plaintiff's Lawyer just dropped the case, and that the Plaintiff is actively pursuing new Legal Counsel.

5) A final decision is made, with absolutely no chance of an appeal.

6) Neither the Plaintiff's MP - Olivia Chow, nor City News have offered any assistance towards reporting these series of events, despite continued efforts to contact them.

7) The Plaintiff is sidestepped and demoralized through the aforementioned proceedings.

8) The Plaintiff in this case has a post-secondary school education. He's an excellent communicator and is a recognizeable figure in his community, a role model to many.

9) The platform 'Disable This' Newsletter is being used in this case to try and lead our 'Disabled' into gainful employment, what most 'disabled' people strive for. This currently has been sidestepped, in the name of a 'Fair Hearing'. One which was conducted without both parties having legal representation.