The Supreme Court of Canada has upheld a decision by federal regulators that will force Via Rail to make their passenger rail cars more wheelchair accessible, a ruling that could have repercussions throughout the transportation industry.

"Basically the judges have upheld the right of the Canadian Transportation Agency to order VIA Rail to make changes to accommodate disabled people, specifically those in wheelchairs, on their fleet of (French-built) Renaissance cars," CTV's Roger Smith said from the SCC.

"That means VIA rail will have to make changes on 40 of the 139 cars to ensure that there's at least one car that can accommodate disabled people on each train."

The top court ruling was 5-4 in favour of the changes, with dissenting judges arguing against changes because the disabled can travel in other cars.

Although the case wasn't technically based on the Charter of Rights, Justice Rosalie Abella cast the key issue in terms of Via's duties to the disabled under federal law.

"Independent access to the same comfort, dignity, safety and security as those without physical limitations is a fundamental human right for people who use wheelchairs,'' said Abella, writing for the court majority.

The Crown rail corporation said the ruling will cost them between $48 million to $92 million.

But Via Rail spokesperson Malcolm Andrews signalled that the company won't raise the money it needs by boosting ticket prices.

"We do not anticipate that this decision would have any effect on passenger fares,'' he said.

At issue before the Supreme Court was the so-called Renaissance passenger cars bought by Via in 2000 from the French manufacturer Alstom Transport.

They are narrower than other cars the company operates, and have limited wheelchair tie-down space and access to sleeping facilities and washrooms.

In 2003, the Canadian Transportation Agency, ordered that 30 of the fleet of 139 cars be renovated, including better bedroom and washroom access and expanded tie-down areas for wheelchairs.

In 2005, a Federal Court ruled that VIA Rail did not have to make the upgrades to the cars.

But the decision was appealed by the Council of Canadians with Disabilities, who have been fighting for the changes since 2000.

The cars are used in the busy Toronto-Ottawa-Montreal corridor and on routes between Montreal and the Maritimes.

"I've been on those cars and the difficulty with them is that they're very narrow trains," council member Pat Danforth told Canada AM. "The door widths are not wide enough to accommodate a standard wheelchair.

"As well there's not enough room to allow for a standard wheelchair to be tied down on the rail cars."

Danforth said the washrooms are also too small to accommodate a standard wheelchair.

Lawyer David Baker said Canadian standards are far behind U.S. regulations.

"There's not a single wheelchair accessible rail car in the country at the present time," said Baker. "In the United States there is not a single rail car that is not wheelchair accessible."

Advocates say the ruling could be key in establishing a legal precedent in other areas like airline and bus services.

"This is going to empower disability rights activists,'' said Ravi Malhotra, a University of Ottawa law professor.

"If you use a wheelchair and you want to get onto a plane you're going to have all kinds of barriers that may currently exist. And that's just one illustration," he told The Canadian Press.

Leslie Reaume, counsel for the Canadian Human Rights Commission, said the ruling could also have an impact in labour relations and other cases heard by federal tribunals.

"It's a very important judgment,'' Reaume told CP. "We think this decision has implications for every administrative adjudicator who is dealing with a human rights issue.''

VIA has argued that incidents where a disabled person has encountered an obstacle on their passenger cars is rare.

For Canada's first paraplegic MP, it was another sign that doors are opening.

"Today's decision demonstrates that it is no longer acceptable to have places not wheelchair-accessible," Conservative Manitoba MP Steven Fletcher said.

With a report from CTV's Roger Smith and files from The Canadian Press