Immediate and Meaningful Action Required to Address Systemic Discrimination of Adults Who Have a Disability in Nova Scotia

PUBLIC INTEREST LAW CENTRE – CENTRE JURIDIQUE DE L’INTÉRÊT PUBLIC
AN INDEPENDENT SERVICE OF LEGAL AID MANITOBA – L’AIDE JURIDIQUE DU MANITOBA  SUPPORTED BY LEGAL AID MANITOBA, THE MANITOBA LAW FOUNDATION AND MEMBERS OF THE MANITOBA BAR ASSOCIATION

Writer’s direct line: (204) 985-9735
Email: jopas@legalaid.mb.ca

November 4, 2021

Honourable Tim Houston, Premier of Nova Scotia
Office of the Premier
7th Floor, One Government Place
1700 Granville Street Halifax, NS  B3J1X5
 

Dear Premier Houston,

Re: Immediate and Meaningful Action Required to Address Systemic Discrimination of Adults Who Have a Disability in Nova Scotia

I am writing on behalf of the Council of Canadians with Disabilities, Inclusion Canada and People First Canada (the “National Organizations”) relating to Disability Rights Coalition v Nova Scotia (Attorney General) 2021 NSCA 70 (the “Beth MacLean decision”).

As you know, the Nova Scotia Court of Appeal ruled that there is ample evidence that the way the Nova Scotia government provides support to persons with disabilities is discriminatory contrary to human rights law. This included prolonged institutionalization for no reason other than they were a person with a disability entitled to social assistance awaiting services in the community of their choice.

Due to (in)actions over the past two decades, Nova Scotia faces a human rights emergency. Up to 1,900 people with disabilities remain on waitlistsfor community placement, of which over 1,000 remain in institutions and approximately 500 of which remain without services.

The Beth MacLean decision has sent a powerful message across Canada about Nova Scotia’s systemic discrimination against people with disabilities. Following this landmark decision, the National Organizations are writing this letter in support of the Disability Rights Coalition’s call for immediate action to end the human rights emergency in Nova Scotia.

Background

The National Organizations applied for and received Intervenor status in the Beth MacLean decision before the Nova Scotia Court of Appeal. The National Organizations participated in this appeal as they were particularly concerned about the Board of Inquiry’s finding that institutionalization of people with disabilities entitled to social assistance did not amount to systemic discrimination. 

Through their respective mandates to monitor the rights of people with disabilities across Canada, including monitoring deinstitutionalization, the National Organizations notethat Nova Scotia lags behind other Canadian provinces in providing persons with disabilities choice in finding a home in community with proper supports. Nova Scotia is one of two remaining provinces that continues to operate large institutions. The other, Manitoba, has announced closure of all such facilities within the next few years.

The National Organizations have witnessed first-hand, the atrocities and significant harms caused by institutionalization and cannot stress to you enough the importance of community inclusion for all persons with disabilities.

Next steps

The Court of Appeal ruling took a giant step towards justice for people with disabilities by identifying the Province’s reliance on institutions in the delivery of social assistance for what it is: systemic discrimination.

We appreciate your insightful public statement about the Beth MacLean decision on 7 October 2021,relating to the importance of working with the community to support people with disabilities in the community. Recognizing the reality that at this moment there are persons with disabilities who continue to languish in Nova Scotian institutions, you can appreciate that immediate actions are needed to end systemic discrimination.

In support of the Disability Rights Coalition, the National Organizations request:

• Confirmation by letter that, as you stated, you and your government will not be seeking to justify the discrimination under s.6 of the Human Rights Act;
• A meeting be arranged between you and other representatives of your government with the Disability Rights Coalition to set out a timely plan, in accordance with the Roadmap, for demonstrable steps to rectify the systemic discrimination, including, but not restricted to:

o an immediate announcement to close all institutions for people with disabilities in Nova Scotia; and
o the provision of community-based housing with necessary supports for all persons with disabilities throughout the Province, to live where and with whom they choose.

We request a response to this letter within two weeks of receipt by your office. We look forward to hearing from you.

Sincerely,
Joëlle Pastora Sala
Attorney, Public Interest Law Centre

On behalf of the Council of Canadians with Disabilities, Inclusion Canada and
People First Canada

1 100 - 287 BROADWAY, WINNIPEG, MANITOBA R3C 0R9 TEL: 204.985.8540 FAX: 204.985.8544