Service Dog Identification: Yay, No Way or Not Sure?

Yay, It Is A Great Idea!

So, many people know that I am against the concept of identification for service dogs in general; however, I do understand why it currently exists. So, lets do a dive into why I am actually all for the concept of ID for service dogs.

This One Is For You OTSDs!

Yes, I 100% agree that there has to be something that is in play to protect those with owner trained service dogs. Those of you have your reasons for going the rout of training your own dogs, and I respect that, I also believe that the current way of the world excludes you all from being or having the protections that you all should have, deserve and need! I also understand that for some of you, vesting, harnesses ETC may not be appropriate or necessary for the provision of tasks. This ID than just helps the general public understand that in fact your dog is a service dog. I Wish it was easier than this, but i understand it. I also understand that most of us who go through a program for our service dogs receive an ID card from the program, so this for owner trained dogs makes sense to me, and levels out the playing field.

NO WAY, I HATE THE ID CARDS!

Okay, so now I am going to dive into why I am so against the ID cards. This is going to be a lot, sooooooo I am sorry.

• Breach of Privacy – We all have a right to maintain our privacy and not provide information that we do not desire; however, these ID cards force us into providing information about us and or our service dogs that the general public do not have the right to know. These are things such as our address, our dogs name(s) even our dogs micro chip numbers.
• Disclosure of medical information – Though not explicit, one can infer more about our medical condition and why we require the service dog than we may desire to provide.
• Legal protections – On paper, those of us with service dogs have protections; however, they are not enforced, nor upheld within court. Various provinces have enacted a variety of different legislations granting protection to those with service dogs. This is great, if they were upheld in court, enforced, and if law enforcement actually knew how to handle complaints under the service dog acts across Canada. If you are lucky enough to live in Ontario, they actually have legislation with teeth; however, this legislation is still frequently disregarded.
• General Public – The general public are the number one reason that these pieces of legislation exist. With their constant attempts to “certify” their pets as service dogs, we are in a society where all dogs are in question, no matter their training, or legitimacy. This has created a culture of constant fear for those of us with legit service dogs, as we are constantly questioned, doubted, or accused of lying when we are questioned. Unfortunately, this has also created question within the service dog handler community about the legitimacy of some of our own dogs, other handlers dogs, ETC.
• Public Policy – Let us take a look at public policies for a moment. I am going to use the city that I reside in as the example here.
  So, if you acquire a program trained service dog, you are obligated to be in possession of the service dog identification prior to being allowed to license your service dog. So, this results in the inability to follow civic laws for a period of time, resulting in potentially getting fined, and legally not permitted to take your service dog into public spaces.
  In addition to the above, transit operators are informed that they have the right to ask for identification for service dogs. The issue here is they are not trained as to what to ask for, and often are asking for things that legitimately do not exist or are completely illogical. For example, I have been asked for the “certification”. The dog is not certified the program in which issued my dog is certified. I have also been informed that operators have asked for the dogs “service dog tag”. What? Seriously? Even if this was a thing, why would we remove our dogs collar potentially relinquishing care and control over the dog, to prove it is a service dog? Does that not in of itself break the current legislation? These are just examples on how implementation of policy without training, or alignment with provincial legislation results in inadequate training of civil workers & discriminatory public policy. Now, I want you to think about what would happen if you do not reside in a province / country with identification requirements. Do you think you would be legally discriminated upon, or do you think that you would be safe? How would you handle a discrimination situation where you are granted the right to your service dog; however, the provincial legislation allows you without the regional ID to be discriminated upon?
• Stop and ID – We are in a society where the police have across Canada been halting practices of “stop and ID”; however, as persons with service dogs, we are legally allowed to be stopped by facility operators, store managers / staff, security ETC and forced to present our service dogs ID. Could we not consider this to be equal to the practice of “stop and ID” that the various police departments previously did? Could we not consider this to be an invasion of privacy? What about breaching section 8 of the Canadian Charter of Rights and Freedoms? For reference this is the section responsible for unlawful search and or seizure and our protected right to privacy.

So, What Now?

Well, this is where it gets complicated. We do not have national legislation that protects service dogs and their handlers, rather we have provincial protections and they vary province by province. We need a legislative document to be put in place under the criminal code of Canada that outline the penalty for discrimination against a service dog handler, and that create a consolidation of various provincial legislations, all the while creating a set of laws that actually protect all of us living and working with service dogs, no matter the training processes that they underwent. By having provincial legislation that is not consistent with one another, or legislation that has no enforcement ability, or that is not upheld in the eyes of the court those of us with service dogs are going to continue not only being discriminated on, but constantly harassed by the general public if they do not believe we are entitled to or have a disability serious enough for a service dog. Currently we are judged within the society by the general public, and are required to provide the burden of proof that we are in fact disabled, or that our dogs are in fact legit. At what point do our laws actually grand those of us with service dogs true right to free movement, and right of protection under the laws of Canada, and provincial human rights laws?

My Question

If we as a society can create laws against speeding, hate speech, and rights protecting persons of various identities without the need for them to provide proof of identity, why can we not create laws that truly provide protection under law for those of us with service dogs? Remember true protection also means ability to enforce the law, and have appropriate imposable penalty under such law.