Litigation Archives
Litigation
May 27, 2010
Factum in the Caron Case
Fighting a case in court is costly and CCD learned this lesson during its litigating against VIA Rail in support of accessible passenger trains. The Caron case focuses on the court's power to award interim costs while a case is in progress rather than waiting until its conclusion. An interim award provides a litigant with some of the resources it needs to present its case to the court.
CCD, working in coalition with other organizations (LEAF, Charter Committee on Poverty and the Poverty and Human Rights Centre), is intervening in the Caron case. Read more.
October 21, 2009
CCD Affidavit in the Hughes Case
Mr. Peter Hughes encountered barriers when he went to cast his ballot in a Canadian Federal election. As a result, he made a complaint to the Canadian Human Rights Commission regarding the inaccessibility of his local polling station. Elections Canada is responsible for access at polling stations in Federal elections. This case is to be heard by the Canadian Human Rights Tribunal. CCD submitted an affidavit seeking recognition as an interested party in the case. CCD has an in-depth understanding of the barriers experienced by persons with disability in the context of voting. In its affidavit, CCD shares its perspective on the fundamental importance of voting and the impact on people with disabilities when they experience barriers that prevent them from voting on an equal basis as people without disabilities. Understanding these barriers is critical for the Canadian Human Rights Tribunal in order to interpret the duty to accommodate and the factors to be considered in assessing undue hardship. Read more.
July 27, 2009
CCD Factum in the Moore Case
CCD intervened in the Moore case because the case is about ensuring the legal duty to accommodate persons with disabilities is interpreted in a manner that serves its remedial purposes. Specifically, CCD intervened in the appeal because of a concern that the comparator group analysis adopted by the learned Chambers Judge has the potential to undermine the rights of all persons with disabilities to accommodation in a variety of settings. CCD respectfully submitted that the Court erred in determining that to establish discrimination, a student with disability, seeking accommodation in public education, needed to demonstrate differential treatment of students with disabilities in special education. CCD argued that remedial purpose of the duty to accommodate means there is a constant comparison inherent in the duty to accommodate. The comparison is between persons with and without disabilities. Read more.
June 19, 2008
Groups Call for Complete Restoration of Court Challenges Program
A coalition of equality-seeking groups, including CCD, called on the Canadian Government today to ensure that the government's settlement with the Fédération des communautés francophones et acadienne du Canada includes restoration of funding for the Court Challenges Program for both minority language groups and equality-seeking groups. Read more.
April 7, 2008
People with Disabilities Appear in Federal Court and Argue that Two Agencies of the Federal Crown have Failed to Accommodate Their Needs in the York Steps Project
CCD had two practical pieces of advice for the Court on how the NCC/PW could have avoided the discrimination created by the lack of accommodation by the York Stairs: consult with experts with disabilities when developing accommodations and adhere to universal design principles when constructing public space. Read more.
March 1, 2008
Responding Memorandum of Fact and Law of Joanne Neubauer and the Council of Canadians With Disabilities
February 25, 2008
Groups in Court to Seek Restoration of Funding to the Court Challenges Program
On February 25 and 26, the Fédération des communautés francophones et acadienne du Canada will appear before the Federal Court to challenge the withdrawal of funding from the Court Challenges Program. A coalition of equality seeking groups, including CCD, supports this important case. Read more.
January 1, 2008
Factum of the Intervener, Council of Canadians with Disabilities, in the Supreme Court of Canada Case Honda Canada v. Kevin Keays
In this factum, CCD explained that for disadvantaged groups, such as people with disabilities, access to justice requires a robust and effective Canadian Human Rights Commission where issues of discrimination can be addressed. Read more.
February 1, 2007
Factum of the Intervener, Council of Canadians with Disabilities, in the Federal Court of Canada Case Brown v. Public Works.
In this Factum, CCD argues how the principles of universal design should guide the development of new construction and how consultation should be undertaken when an accommodation, intended to benefit the disability community, is being planned. Read more.
February 9, 2006
VIA Rail Supreme Court Appeal
January 1, 2005
Mckay-Panos Factum
April 28, 2004
Newfoundland and Labrador Case Factum
April 1, 2004
Integrated Case Factum
December 1, 2003
Factum of the Intervener, Council of Canadians with Disabilities, in the Federal Court of Canada Case Brown v. National Capital Commission.
In this Factum, CCD argues how the principles of universal design should guide the development of new construction and how consultation should be undertaken when an accommodation, intended to benefit the disability community, is being planned. Read more.
October 29, 2003
VIA Rail Factum
September 20, 2001
Brockie Case Factum
September 20, 2001
Candian Council of Churches Case Factum
February 14, 2001
Chesters Case Factum
April 1, 2000
Latimer Case Factum 2000
November 22, 1999
Lovelace Case Factum
August 1, 1999
Granovsky Case Factum
July 29, 1999
Grismer Case Factum
February 26, 1999
Genereux Case Factum
October 1, 1998
Latimer Case Factum 1997
February 9, 1998
Orillia Case Factum
December 1, 1997
Latimer Case: Latimer's application to appeal (1997)
March 24, 1997
Eldridge Case Factum
January 1, 1997
Latimer Case: Crown application to appeal (1997)
June 8, 1996
Eaton Factum
January 1, 1996
Gibbs Case Factum
April 22, 1995
Latimer Case Factum 1995
January 1, 1993
Rodriguez Case Factum
January 1, 1993
Thwaites Case Factum
January 1, 1993
Affidavit of Francine Arsenault
May 25, 1987
Andrews Case Factum
January 1, 1984
Bhinder Case Factum
Jim Derksen views inaccessible York Street Steps in Ottawa. CCD intervened in the Brown Case, which challenged an inadequate accommodation developed for the Steps.
The Latimer Case
The Latimer case directly concerned the rights of persons with disabilities. Mr. Latimer's view was that a parent has the right to kill a child with a disability if that parent decides the child's quality of life no longer warrants its continuation. CCD explained to the court and to the public how that view threatens the lives of people with disabilities and is deeply offensive to fundamental constitutional values. Learn more.