TORONTO, July 24 /CNW/ - The Ontario Human Rights Commission today
announced a settlement in the complaints between Nancy Barker, Gary Malkowski
and Scott Simser, and movie exhibitors Alliance Atlantis Cinemas partnership,
AMC Entertainment International Inc., Cineplex Entertainment LP and Rainbow
Centre Cinemas Inc.
The settlement includes the installation of new closed captioning systems
in multiple Ontario theatres. These installations will occur on a phased-in
basis following a comprehensive selection and testing period of new
commercially available closed captioning systems by the exhibitors. Most of
the exhibitors have also agreed to add a closed captioning system to all new
theatres opened in the province of Ontario. The agreement also includes the
appointment of a monitor to oversee settlement obligations.
"We are pleased to have reached an agreement that increases the number of
theatres with closed captioning systems so that more members of the deaf,
deafened and profoundly hard of hearing communities can experience movies,"
said Mr. Simser, an Ottawa lawyer, Mr. Malkowski, a former Member of
Provincial Parliament and Ms. Barker, a Masters student.
"This is a win-win settlement for all," said Allison Taylor, speaking on
behalf of the exhibitors. "Assuming the technological developments continue as
we predict they will, the deaf, deafened and hard of hearing communities will
be getting a new closed captioning system that will offer a better movie going
experience."
"Under the Ontario Human Rights Code, everyone has the right to equal
treatment with regard to services. I am pleased that this settlement will
enable the deaf, deafened and profoundly hard of hearing communities to fully
enjoy theatre-going experiences in the same way as everyone else," said Chief
Commissioner Barbara Hall.
For more information, please refer to Backgrounder on the Commission's
Web site: www.ohrc.on.caBackgrounder
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SETTLEMENT WITH RESPECT TO
THE EXHIBITION OF MOVIES WITH CLOSED CAPTIONING
Ontario Human Rights Commission/
Nancy Barker/Scott Simser/Gary Malkowski
Alliance Atlantis Cinemas partnership/AMC Entertainment
International Inc./Cineplex Entertainment LP/Rainbow Centre Cinemas Inc.Three complainants filed complaints against various film exhibitors and
distributors regarding accessibility of movies to the deaf, deafened and hard
of hearing community which were referred by the Ontario Human Rights
Commission to the Human Rights Tribunal of Ontario. The complainants and the
exhibitor parties (the "Exhibitors") have agreed to a settlement which
includes an incremental increase in the number of theatre complexes with the
capability to exhibit movies with closed captioning.
Similar complaints against two film distributors, Universal Canada and
Paramount Canada, were also referred to the Human Rights Tribunal of Ontario.
In a parallel settlement, Universal Canada has agreed to continue to provide
its films in both open and closed caption formats. The complaints against
Paramount Canada have not been resolved and it is anticipated that a hearing
will soon be scheduled before the Tribunal.
Previously, Famous Players (now Cineplex Entertainment) was the only
Exhibitor in Canada to offer rear window captioning ("RWC") technology. RWC
facilitates access to movies by allowing individual moviegoers to view
captions on a small portable reflector screen. This reflector screen fits into
a seat's cup-holder and mirrors captions that are displayed backwards on a
10-foot wide teleprompter screen mounted on the rear wall of the auditorium.
RWC technology first became commercially available in 1997 with the release of
Titanic and remains the only commercially available closed captioning
technology for movie exhibition today. In 2001 and 2002, Famous Players (now
Cineplex Entertainment) installed RWC systems in 56 auditoria across Canada.
A number of new potential closed captioning technologies are under
development, which should offer greater functionality and flexibility than
RWC. These technological developments have led to the present settlement
between the parties.
Under the settlement, AMC Entertainment International Inc., Cineplex
Entertainment LP and Rainbow Centre Cinemas Inc. have agreed to the
installation of new closed captioning systems in many Ontario theatres, when
such new technology becomes commercially available, on a phased-in basis.
While each RWC unit provides accessibility for a single auditorium, it is
anticipated that the new technology will provide accessibility to many, and in
some cases all, of the auditoria in a movie complex through a central server
that will allow digital dialogue to be displayed on handheld personal digital
assistants (PDAs).
The settlement contemplates that nineteen theatre complexes across
Ontario will have the new technology in place by the end of 2008 plus seven
further theatre complexes and every newly opened theatre complex between 2009
and 2013. Cineplex Entertainment will also maintain its existing complement of
RWC units.
In the unlikely event that the new technologies do not become
commercially available, then each Exhibitor has agreed to a number of RWC
installations or open captioning at selected theatres.
In order for an Exhibitor to offer captioning to its guests in its
theatres, the studio that distributes the film must first create captions for
that film. If the studio does not caption a film, neither RWC nor any other
captioning projection technology will provide for captions to be shown in a
movie theatre, even if an Exhibitor has installed a captioning system.
The Exhibitors have also agreed to provide visible signage regarding the
availability and schedules of movies with closed captioning at applicable
theatres. Further, a monitor has been appointed under the agreement to ensure
that settlement obligations are being met and to resolve any disputes between
the parties.
For further information: François Larsen, Director, Policy & Education
Branch, (416) 314-4532
