Miss-Delectable
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edmontonsun.com - Edmonton News - Judge turns deaf ear
A deaf Edmonton woman is claiming discrimination after running out of court in tears yesterday when a judge refused to vary an order making her pay $150 in costs.
Kimberly Wood is upset because she claims the court costs were the result of her not being able to provide her own sign language interpreter for an earlier appearance and says it should have been up to the court to do it.
"I cannot pay the $150," the 34-year-old mother of four - who survives on a disability income - told the judge, speaking through an American sign language interpreter.
"It is unfair and I feel I have been discriminated against," she said. "I feel, as a deaf person, it is a slap in the face."
Provincial civil court Judge Donald Ingram briefly looked at Wood, who had become quite agitated, and then said: "I get your message. Anything else?"
Ingram then ruled the earlier order for costs was made properly and said he would not reverse it.
"That is not the way this works," he said, adding that if the landlord involved in the initial small claims dispute had appeared, he might have ordered further costs.
Wood then said to the judge: "Well, I guess this is an issue for the Human Rights Commission."
Ingram responded, "Thank you," and walked out of court.
Wood began crying and ran out of the courtroom, heading for a nearby washroom. When she returned, she signed to the interpreter: "Life is not fair."
Court heard Wood and her landlord, Indira Chanana, had gone to small claims court in July to hash out a cross-dispute over outstanding rent and damages.
Wood had initially been told she had to provide her own sign language interpreter because the courts would only provide one in criminal cases.
She did so for two court appearances, but on the last date, Nov. 14, she was unable to get an interpreter because the person was unavailable and a Calgary group she contacted for backup didn't get back to her until the day before.
It was then that the presiding judge ordered she pay the $150 in court costs to the landlord, court heard.
Nicole Sander, the manager of interpreting services for the Deaf & Hard of Hearing Society, yesterday tried to explain to Ingram that the province requires interpreters to be provided in court for deaf people, but he angrily cut her off and told her: "I don't want a speech."
The judge later conceded that the provincial court civil division now has a policy to provide interpreters for deaf people and told Sander: "Now, you've won your battle."
However, he maintained the order for costs was necessary to reimburse the landlord for the time she wasted attending the various court dates and adjournments.
Ingram called the $150 a "modest amount," but Wood retorted she couldn't afford it on her income.
"I can either pay the utilities and have lights on for my children or I can pay the $150," she said.
A deaf Edmonton woman is claiming discrimination after running out of court in tears yesterday when a judge refused to vary an order making her pay $150 in costs.
Kimberly Wood is upset because she claims the court costs were the result of her not being able to provide her own sign language interpreter for an earlier appearance and says it should have been up to the court to do it.
"I cannot pay the $150," the 34-year-old mother of four - who survives on a disability income - told the judge, speaking through an American sign language interpreter.
"It is unfair and I feel I have been discriminated against," she said. "I feel, as a deaf person, it is a slap in the face."
Provincial civil court Judge Donald Ingram briefly looked at Wood, who had become quite agitated, and then said: "I get your message. Anything else?"
Ingram then ruled the earlier order for costs was made properly and said he would not reverse it.
"That is not the way this works," he said, adding that if the landlord involved in the initial small claims dispute had appeared, he might have ordered further costs.
Wood then said to the judge: "Well, I guess this is an issue for the Human Rights Commission."
Ingram responded, "Thank you," and walked out of court.
Wood began crying and ran out of the courtroom, heading for a nearby washroom. When she returned, she signed to the interpreter: "Life is not fair."
Court heard Wood and her landlord, Indira Chanana, had gone to small claims court in July to hash out a cross-dispute over outstanding rent and damages.
Wood had initially been told she had to provide her own sign language interpreter because the courts would only provide one in criminal cases.
She did so for two court appearances, but on the last date, Nov. 14, she was unable to get an interpreter because the person was unavailable and a Calgary group she contacted for backup didn't get back to her until the day before.
It was then that the presiding judge ordered she pay the $150 in court costs to the landlord, court heard.
Nicole Sander, the manager of interpreting services for the Deaf & Hard of Hearing Society, yesterday tried to explain to Ingram that the province requires interpreters to be provided in court for deaf people, but he angrily cut her off and told her: "I don't want a speech."
The judge later conceded that the provincial court civil division now has a policy to provide interpreters for deaf people and told Sander: "Now, you've won your battle."
However, he maintained the order for costs was necessary to reimburse the landlord for the time she wasted attending the various court dates and adjournments.
Ingram called the $150 a "modest amount," but Wood retorted she couldn't afford it on her income.
"I can either pay the utilities and have lights on for my children or I can pay the $150," she said.