Quick Thoughts On Canadian Legal Ruling
There was an important ruling today on accessibility from the Canadian Federal Court that is worth a read.
A blind woman filed suit against the government of Canada stating that the government “violated her rights under section 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982″. In short the findings of the court were that many web sites for the Canadian government are not meeting the Common Look and Feel standard (CLF). The Court found that the government should update the CLF standard to utilize WCAG 2.0 instead of WCAG 1.0 and that there is sufficient evidence of compliance problems that need to be addressed that the Court found that the applicant was discriminated against due to the need to access information and apply for employment via these websites. The Court is allowing the government 15 months to come into compliance.
There are a couple of points raised in the ruling and in a Globe and Mail online article (Court orders Ottawa to make websites accessible to blind) that I would like to clarify. The points are as follows:
- From the ruling: “The applicant testified that in June 2007 she attempted to access information on the consumer price index and unemployment rate from the Statistics Canada website. She stated that actual statistics were, however, only available in “pdf” format, which is not accessible to screen reader technology.”
- From the ruling: [reported by a witness for the applicant] “…for example, “flash” is a technology that cannot be read by many screen readers. If a website uses “flash” technology, the user will not be able to access that content…”
- From the Globe and Mail article: “Many blind people use screen readers, computer software that translates electronic text into audio. But the readers aren’t foolproof — for one thing, most can’t decipher PDF files, a format often used to publish documents online.”
None of these is accurate. Even in 2007, most screen readers could read PDF and Flash capably. In fact, the screen reader used by the applicant was capable of reading both PDF and Flash. The points above indicate that most screen readers can’t read PDF or Flash, but it is more accurate to say that most can, including JAWS, Window-Eyes, NVDA, and others. Adobe provides a “read out loud” feature in Adobe Reader that provides basic access to PDF documents, but most users who are blind will depend on a more full-featured assistive technology.
This is not to suggest that the applicant didn’t encounter challenges, she clearly did. Authors of HTML web pages, as well as authors of PDF documents and Flash content need to make sure that they follow accessibility standards, and if authors don’t, users suffer.
We have techniques available for complying with WCAG 2.0 when authoring Flash, HTML, and techniques for PDF are in the works (there are training resources available for PDF at Adobe’s accessibility site in the meantime). The information that authors need is available, this ruling will undoubtedly stimulate an increased interest in these sources of information.
Adobe is committed to helping authors comply with accessibility requirements, whether using HTML, PDF, or Flash. Here’s a few links to relevant information:
- Dreamweaver (HTML authoring): http://www.adobe.com/accessibility/products/dreamweaver/index.html
- Acrobat (PDF authoring): http://www.adobe.com/accessibility/products/acrobat/
- Flash Professional (Flash authoring): http://www.adobe.com/accessibility/products/flash/
