Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39951
Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) v. Disability Rights Coalition
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-04-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-14 | Judgment on leave sent to the parties | |
| 2022-04-14 | Close file on Leave | |
| 2022-04-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 486952, 2021 NSCA 70, dated October 6, 2021, is dismissed with costs to the Disability Rights Coalition. Dismissed, with costs |
|
| 2022-03-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-24, (Printed version filed on 2022-02-03) | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) |
| 2022-01-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-01-28) | Nova Scotia Human Rights Comission |
| 2022-01-24 | Notice of name, (Letter Form), (Printed version filed on 2022-01-28) | Nova Scotia Human Rights Comission |
| 2022-01-24 | Intervener's memorandum of argument on application for leave, (Book Form), Completed on: 2022-02-24, (Printed version filed on 2022-01-28) | Nova Scotia Human Rights Comission |
| 2022-01-24 | Notice of name, (Letter Form), (Printed version filed on 2022-02-01) | Disability Rights Coalition |
| 2022-01-24 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-02-01) | Disability Rights Coalition |
| 2022-01-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-17, (Printed version filed on 2022-02-01) | Disability Rights Coalition |
| 2021-12-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 12/21/21 | |
| 2021-12-06 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-12-13) | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) |
| 2021-12-06 | Notice of name, (Letter Form), (Printed version due on 2021-12-13) | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) |
| 2021-12-06 | Application for leave to appeal, (Book Form), Missing: CA Order (rec' 12/16/21), Completed on: 2021-12-06, (Printed version filed on 2021-12-06) | Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Disability Rights Coalition | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Nova Scotia Human Rights Comission | Intervener | Active |
| J. Walter Thompson, Q.C., sitting as a Board of Inquiry | Intervener | Active |
Counsel
Party: Attorney General of Nova Scotia representing Her Majesty the Queen in Right of the Province of Nova Scotia (including the Minister of Community Services and the Minister of Health and Wellness)
Counsel
Dorianne Mullin
1690 Hollis Street
8th Floor
Halifax, Nova Scotia
B3J 1V7
Telephone: (902) 220-5774
FAX: (902) 424-1730
Email: Kevin.Kindred@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Disability Rights Coalition
Counsel
2209 Gottingen Street
Halifax, Nova Scotia
B3K 3B5
Telephone: (902) 423-8105
FAX: (902) 422-8067
Email: Claire.McNeil@dal.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Nova Scotia Human Rights Comission
Counsel
Kendrick Douglas
Suite 305, Park Lane Terraces
5657 Spring Garden Road
Halifax, Nova Scotia
B3J 3R4
Telephone: (902) 424-4111
FAX: (902) 424-0596
Email: Kymberly.Franklin@novascotia.ca
Party: J. Walter Thompson, Q.C., sitting as a Board of Inquiry
Counsel
2571 Windsor Street
Halifax, Ontario
B3K 5C4
Telephone: (902) 429-7772
FAX: (902) 982-4591
Email: wthompson@qtrlaw.com
Summary
Keywords
Human rights — Right to equality — Discriminatory practices — Economic and social rights — Whether human rights legislation requires that residential supports offered to persons with disabilities must share the same features as financial supports offered through income assistance — Whether discrimination analysis under a Human Rights Act requires a meaningful comparative analysis?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Three complainants were housed in a locked psychiatric unit of the Nova Scotia Hospital for years while waitlisted for community setting placements. They filed complaints before the Nova Scotia Human Rights Commission alleging discrimination on the basis of mental disability in the provision of a service contrary to the Human Rights Act, RSNS 1989, c. 214. The Disability Rights Coalition joined a systemic discrimination complaint. The Board of Inquiry in part dismissed the systemic discrimination complaint. The Court of Appeal in part granted an appeal and found prima facie systemic discrimination.
Lower court rulings
Nova Scotia Board of Inquiry on Remedy
H14-0418
Claim of systemic discrimination dismissed and finding of discrimination against three individual complainants
Nova Scotia Court of Appeal
2021 NSCA 70, CA 486952
In part, appeal from dismissal of systemic discrimination claim allowed and remand for justification hearing
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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