The City of Whitehorse is facing a potential class action lawsuit over what a group of residents say is its failure to address accessibility issues, especially during the winter.

The move comes after weeks of delegations at city council meetings by accessibility advocates taking the city to task about the issue.

Local lawyer Vincent Larochelle said today he has been retained by a group of local residents and could proceed on the class action lawsuit quickly.

He sent a warning letter to the city on Friday, and provided the Star with a copy.

Larochelle states to the city, “I have received instructions to begin work on filing a class-action lawsuit against the City of Whitehorse on behalf of the thousands of residents with physical disabilities that have been affected for decades now by your inaction. This inaction is discriminatory and contrary to the Canadian Charter of Rights and Freedoms.

“Beyond the legal issues presented here, there is something more fundamental at play: your duty, as elected representatives, to ensure that every resident of Whitehorse has the right to engage fully in our economic, social, and cultural life.”

Larochelle told the Star this morning he was looking at the process beginning within weeks, rather than months.

He declined to identify any of the people behind the lawsuit, but said their numbers are considerable.

“I was approached by a number of people,” he told the Star.

According to figures published in 2021, Larochelle added, one-third of Yukoners describe themselves as having some kind of disability.

He said the city has the capacity and the resources to sort out these problems, but hasn’t made it a priority.

In the letter, Larochelle states, “I was taken today on a tour of Whitehorse by one of my clients, a person with a physical disability, to see things from their perspective.

“The views are grim, at times so tragic and disappointing that they border on the farcical.

“First, I confess that I am ashamed. Ashamed that I too, in my privilege and as an able-bodied person, was blind to how horrendous our city looks right now in the eyes of a person with a disability.

“Ashamed that I too failed to grasp that for a person with a disability, taking the bus, going to the bank, city hall, or a restaurant right now can be out of reach.”

The letter continues to be scathing.

“The sidewalks, curbs and streets are in complete chaos, ridden with ice chunks. The busiest street in this City is not accessible to people presenting even minor physical mobility challenges, let alone using crutches or wheelchairs,” the lawyer writes.

“Some crucial ramps are so icy I wouldn’t dare to venture on them myself with boots and two functioning legs.”

Larochelle said this has been made even more unacceptable by the light winter conditions Whitehorse has received so far.

“By my reckoning, the last time we had a consequential snowfall in Whitehorse was almost three weeks ago,” he points out.

“It is therefore difficult to understand the dismal state of affairs I witnessed today. What reason do you have to justify that the sidewalks, streets and curbs on Main Street, of all places, are not yet properly cleared to allow wheelchair access?

“And how bad does this get when we actually have snow?”

The lawyer continues to chide the city in his letter.

“You must stop hiding behind layers of bureaucracy and property owners, and take responsibility for land that you own: sidewalks and streets,” he tells the city.

“Your inaction and policies have led to a woeful state of affairs. You, the City of Whitehorse, bear ultimate responsibility for this, both moral and legal,” Larochelle writes.

“Driving around, I was unable to find a single city parking spot that meets even basic criteria around barrier-free design. Not even in front of the human rights commission or nearest to city hall.

“Every single parking spot I was shown is not sufficiently wide, covered in slippery ice, has no nearby ramp, and/or contains numerous barriers.”

Larochelle continues to pour on the criticism in his letter to the city.

“The irony in all of this is that your very own bylaws force private businesses (successfully, might I add) to respect national standards on barrier-free design of parking spaces for people with physical disabilities.

“Yet you yourselves fail to meet this standard which you prescribe on others.

“I understand from my clients that you have known about all of these issues, and more, for decades now, and have failed to take action.

“The time for discussion is long past,” Larochelle writes. “You must act immediately, or my clients will.”

The city had little to say about the letter.

“We don’t comment on threats of legal suits, but can say that council will be discussing various options regarding snow and ice control over their next couple of meetings, said Guiniveve Lalena, a communications specialist for the city.