The Disability Rights Coalition and the three Individual human rights complainants have filed appeals of the March 4, 2019 Board of Inquiry Decision and the Board of Inquiry’s December 2019 Compensation award.
The Province has also cross-appealed—it is seeking to have all the complaints dismissed in their entirety. The DRC complaint addressed the discriminatory systemic impacts of the Province’s policies and practices that have resulted in the unnecessary institutionalization of hundreds of people with disabilities, and a growing delay in obtaining supports and services to live in the community for other people with disabilities – currently numbering almost 1,600 people.
The DRC Appeal
- Disability Rights Coalition Notice of Appeal
- The Province of Nova Scotia’s Notice of Cross-Appeal
- The Individual Complainants’ Notice of Contention
Intervention in the DRC Appeal by Three National Disability Rights Groups
- Notice of Motion to Intervene by CACL, CCD and People First Canada
- Intervenors’ Motion Brief in Support of the Intervention Application
- Affidavits in Support of the Intervention Application
a. Affidavit filed by CACL (Krista Carr)
b. Affidavit filed by CCD (April D’Aubin)
c. Affidavit filed by People First Canada (Shelley Fletcher)
- Order of Justice Duncan Beveridge granting intervenor status to the three disability rights groups (June 21, 2019)
The Individuals’ Appeals
Legal Arguments in the Appeal
- Factum of the Province of NS
- Factum of the Individual Complainants
- Factum the Disability Rights Coalition
Nova Scotia Court of Appeal Consolidates the DRC and Individuals’ Appeals and Sets the Hearing Dates
Recently, the Nova Scotia Court of Appeal granted an Order which consolidated the DRC appeal with the Individuals’ appeals. The appeal hearings will take place at The Law Courts, 1815 Upper Water St. in Halifax.
Appeal Hearing Postponed
Hearings of the Nova Scotia Court of Appeal have been adjourned indefinitely due to the Covid 19 pandemic, with the exception of those that are essential. The dates previously scheduled for the DRC appeal on May 20 and 21, 2020 have been cancelled and we await news from the Court concerning rescheduling. The earliest new appeal court hearing dates aren’t expected until sometime after September 2020. See the Court’s news release here.