Council of Canadians with Disabilities (CCD) and the Canadian Association of the Deaf (CAD) Help Secure Another Major Win for Deaf People

In June 2024, CCD and CAD jointly applied to the Canadian Human Rights Tribunal for interested party status in the case of Lidkea v. Correctional Service of Canada (CSC). The Tribunal granted this request, allowing CCD and CAD to make submissions on the treatment of Deaf inmates within the federal prison system. Our primary focus was on CSC’s duty to provide accommodation  to Deaf inmates to remove barriers and ensure that they have the same access to activities, programs and services available to other inmates.

On March 12, 2026, the Tribunal ruled that Mr. Lidkea had been discriminated against by CSC due to its failure to provide sufficient American Sign Language (ASL) interpretation services, as well as other necessary communication accommodations.

The complainant had been incarcerated in multiple institutions over several years. During this time, he was repeatedly unable to communicate effectively with prison staff, program service providers, and other inmates. This significantly impacted his well-being. At the hearing, CSC acknowledged that, although it had attempted to accommodate the complainant, it should have done more. As a result, the key issue before the Tribunal was not whether discrimination had occurred, but rather what remedies should be ordered.

The Tribunal adopted a comprehensive approach to addressing the discrimination and ordered both individual and systemic remedies.

For Mr. Lidkea, the Tribunal ordered CSC to provide ASL interpretation in situations such as:

• Meetings affecting his liberty
• Case management meetings
• Situations requiring informed consent
• Participation in meetings and appointments
• Access to programs and services
• Meetings with legal counsel
• Proceedings before administrative tribunals
• Daily opportunities to communicate with others
• Access to supports and services while on conditional release

In addition, the Tribunal gave CSC twelve months to translate these individual remedies into permanent, systemic policies. CSC was also directed to develop a comprehensive policy on accommodating Deaf inmates, in consultation with the Canadian Human Rights Commission.

The Tribunal’s willingness to order both individual and systemic remedies represents a significant victory for people with disabilities. It also establishes an important legal precedent that will support our future litigation and advocacy efforts.

CCD wishes to thank Connor Bildfel and his colleagues at McCarthy Tétrault for their excellent work in providing CCD and CAD with legal representation before the Tribunal.