The DRC and Individuals’ Human Rights Complaint appeals to be heard by the Nova Scotia Court of Appeal

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

  1. Disability Rights Coalition Notice of Appeal
  2. The Province of Nova Scotia’s Notice of Cross-Appeal
  3. The Individual Complainants’ Notice of Contention

Intervention in the DRC Appeal by Three National Disability Rights Groups

  1. Notice of Motion to Intervene by CACL, CCD and People First Canada
  2. Intervenors’ Motion Brief in Support of the Intervention Application
  3. 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)
  4. Order of Justice Duncan Beveridge granting intervenor status to the three disability rights groups (June 21, 2019)

The Individuals’ Appeals

  1. The Individuals’ Notice of Appeal
  2. The Province’s Notice of Cross-Appeal

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 Rescheduled

The DRC’s appeal of its human rights claim based on the discriminatory impact of unnecessary institutionalisation and denial of meaningful access to community based options has been rescheduled.

As a result of measures taken in response to the Covid 19 pandemic and related closures of the Court of Appeal, the original hearing dates in May 2020 were cancelled.

Following a Chambers teleconference before Chief Justice Michael Wood on April 15, 2020, the Nova Scotia Court of Appeal has rescheduled the two-day appeal hearing to November 18 and 19, 2020 at 10 a.m.

The appeal hearing will take place at The Law Courts, 1815 Upper Water St. in Halifax.

Legal Arguments in the Appeal

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

Legal Arguments filed September 4, 2020 New!

  1. Disability Rights Coalition (Factum)
  2. MacLean, Delaney and Livingstone (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 they would be “maintaining a watching brief” and taking no position on the appeals:

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