Legal Submissions and Briefs

Supreme Court of Canada Submissions

  1. Province of Nova Scotia: Memorandum Seeking Leave to Appeal (filed December 6, 2021)
  2. Disability Rights Coalition: Memorandum Responding to Province’s Application for Leave to Appeal (filed January 24, 2022)
  3. NS Human Rights Commission Reply Memorandum to AGNS Argument (filed January 25, 2022)
  4. Province of Nova Scotia: Reply Memorandum (filed February 3, 2022)
  5. Supreme Court of Canada Decision on Nova Scotia’s Application for Leave to Appeal: Province’s Application is DENIED with costs awarded against the Province of Nova Scotia and payable to the DRC. (April 14, 2022)

Nova Scotia Court of Appeal Submissions

The Disability Rights Coalition, the Province of Nova Scotia and the three Individual human rights complainants all filed appeals from the March 4, 2019 Board of Inquiry Decision and the Board of Inquiry’s December 2019 Compensation award.

The DRC appeal addressed the discriminatory systemic impacts of the Province’s policies and practices that have and continue to this day to result in the unnecessary segregation and institutionalization of hundreds of people with disabilities. Also challenged was the growing delay in obtaining supports and services to live in the community for other people with disabilities – the waitlist currently numbers over 1,900 people.

Three national disability rights groups asked the Nova Scotia Court of Appeal to be allowed to intervene and make submissions in the appeal.

The DRC, the Province and Individual Complainants’ Appeals

Legal Arguments filed in advance of the Appeal:
(Filed March 6, 2020)

  1. Factum of the Individual Complainants
  2. Factum of the Disability Rights Coalition
  3. Factum of the Province of NS
  4. Factum of the Intervenors Inclusion Canada, CCD and People First Canada

Legal Reply Arguments:
(Filed September 4, 2020)

  1. Disability Rights Coalition (Factum)
  2. Individual Complainants (Factum)
  3. Province of Nova Scotia (Factum)

On the same date, the Human Rights Commission, a party to the appeal, filed a letter, instead of legal submissions, with the Nova Scotia Court of Appeal indicating that it would be “maintaining a watching brief” and take no position on the appeals:

  1. Letter from Kymberly Franklin, on behalf of the Human Rights Commission

Appeal Hearing

The Nova Scotia Court of Appeal heard the appeals over two days (November 18 and 19, 2020). Archived video tapes of the actual hearings before the Nova Scotia Court of Appeal can be found below:

Nova Scotia Court of Appeal Decision

The Nova Scotia Court of Appeal released its Decision on the Appeals on October 6, 2021.

On December 14, 2021 the Court of Appeal released a brief Supplementary Decision relating to payment of the compensation award to one of the Individual Complaints who had died before the Court’s October 6th Decision.

Also on December 14th, the Court of Appeal released its Order for Judgment which gives effect to its October 2021 Judgment (see also para. 311).

Nova Scotia Human Rights Board of Inquiry:
Phase One—“Discrimination”

Pre-Hearing Submissions to the Board of Inquiry:
(filed January 2018)

Post-Hearing Submissions to the Board of Inquiry:
(filed October 2018)

After the Board of Inquiry released its Discrimination Ruling in March 2019, the Province chose not to offer a defence to its discriminatory actions/inactions. Therefore, the Board proceeded to the third stage—what would be the best remedy for the individual complainants in this case?

Submissions to the Board of Inquiry Regarding Remedy:
(filed October 2019)

  1. Individual Complainants Submissions Regarding the Appropriate Remedy
  2. The NS Human Rights Commission’s Submissions Regarding the Appropriate Remedy
  3. The Province of Nova Scotia’s Submissions Regarding the Appropriate Remedy

Board of Inquiry’s Decision Regarding Remedy:
(December 4, 2019)

  1. The Board of Inquiry’s Decision Regarding the Appropriate Remedy

(The Board’s Remedy Decision was appealed by both the Individual Complainants and the Province and consolidated with the Disability Rights Coalition appeal—see above).