Nature of the Case
This is a precedent-setting case challenging the denial of timely access to social assistance and supports necessary for persons with disabilities to live with dignity in the community as a violation of human rights legislation. After securing a decision from the Nova Scotia Court of Appeal finding prima facie systemic discrimination, the claimants negotiated a comprehensive, enforceable systemic remedy that ensures significant programmatic change, allocation of necessary resources, meaningful engagement and clearly defined outcomes within a specified timeframe so as to achieve full compliance within five years.
Along with three individual claimants, the Disability Rights Coalition brought a complaint before a Nova Scotia Human Rights Board of Inquiry alleging that the Province’s failure to provide adequate and timely social assistance and supports for persons with disabilities to live in the community resulted in unnecessary institutionalization and delay, constituting systemic discrimination on the ground of disability, In October 2021, the Nova Scotia Court of Appeal determined that a prima facie case of systemic discrimination had been established and the Province agreed to enter negotiation of a systemic remedy. Two independent, outside experts were retained to engage with claimant groups as well as with the government to deliver a report and recommendations with respect to the changes needed to the social assistance system for people with disabilities to bring to an end the discriminatory treatment. After extensive negotiations between the parties a negotiated settlement, in the form of an interim consent order, was presented to the Board of Inquiry for endorsement. The interim consent order delineates a process for monitoring the Province’s progress in meeting required outcomes within specified time frames over a five year period, ensures meaningful engagement of rights-holders, provides for local implementation as well as policy change and ongoing adjustments in response to emerging circumstances. At any time, either party may take the matter back to the human rights Board of Inquiry if they are dissatisfied with the implementation of the terms of the interim consent order. It is agreed that at the end of five years, the Province must demonstrate that it has met the final outcomes in providing social assistance that fully accommodates the different needs of persons with disabilities to live in the community, ends wait times, and respects its legislative and human rights obligations. The case establishes an important precedent for challenging violations of article 19 of the CRPD under non-discrimination legislation and represents a significant advance in the design of structural systemic remedies through negotiation after courts have clarified the nature of governments’ obligations.
