Nova Scotia Disability Rights are Human Rights
A lawyer who represented the Disability Rights Coalition says the Houston government’s first budget doesn’t go far enough in guaranteeing that all Nova Scotians with disabilities are supported and can live in communities. (photo:CBC)
Before Omicron and protesters took over the news cycle, Nova Scotia’s new PC Premier was facing criticism for his about-face on defending in court the Province’s treatment of people with disabilities. After initially declaring that people shouldn’t have to take government to court to make it “do the right thing” Tim Houston did just that to Nova Scotians with disabilities who need supports and services to live in the community.
The Province of Nova Scotia imposes a budgetary cap on social assistance for persons with disabilities that it does not impose on social assistance for the non-disabled.
With the budgetary cap in place, the government cannot meet what the Nova Scotia Court of Appeal has identified as its legal obligation to provide social assistance to persons with disabilities under the Social Assistance Act.
This government has the chance to put this right and respect its legal obligations by removing the budgetary cap.
A lawyer representing the province basically conceded Wednesday that the Nova Scotia government has systemically discriminated against people with disabilities, as the Nova Scotia Court of Appeal found in an October 2021 decision.
“We are not going to relitigate the issue (that was) before the Court of Appeal,” said Kevin Kindred, one of two lawyers representing the province at an independent human rights board of inquiry pre-hearing.
Instead, the province will argue that the widespread discriminatory practices, identified by the Disabled Rights Coalition and confirmed by the court, were justified. (photo: Francis Campbell)
Dozens of groups and prominent individuals have signed an open letter to Premier Tim Houston in support of a request from the Disability Rights Coalition.
The names go on for eight pages, but the request is straightforward: the signatories are demanding that the premier act immediately on a Nova Scotia Court of Appeal decision last October that said the province could no longer deny people with intellectual and physical disabilities equal access to income assistance and housing/care outside of large institutions.
More than 60 groups and individuals representing tens of thousands of Nova Scotians are collectively calling on Premier Tim Houston to drop his appeal of a human rights ruling that found the province systemically discriminates against all Nova Scotians with disabilities. (photo: Ryan Taplin)
The leader of the New Democratic Party has again called on Premier Tim Houston to drop his government’s application to seek an appeal of a landmark court ruling on supportive housing for people with disabilities.
“In my view this decision is a major error in judgment,” Gary Burrill said in a release. “I am asking the premier to reconsider his decision and drop the request to appeal.”
The eight provincially-funded facilities for people with physical and intellectual disabilities in Nova Scotia are grappling with the effects of the latest wave of COVID-19, the head of a care group said Thursday.
Joyce d’Entremont, CEO for Mountains and Meadows Care Group, said the coronavirus is currently in all facilities to some degree, ranging from a few confirmed cases among staff or residents to full-blown outbreaks. (photo: Shaina Luck/CBC)
An outbreak of COVID-19 at a large facility for people with physical and intellectual disabilities in Nova Scotia wasn’t disclosed to the public, because the province says it wants to protect the privacy of residents. (photo: Natasha Pace, Global News)
Global News (CP): “The Nova Scotia government is arguing receiving timely access to appropriate housing is not a human right for people with disabilities and is asking Canada’s top court to overturn a decision that found its current practices are discriminatory.
In an argument seeking leave to appeal to the top court, two government lawyers warn that if the province’s Court of Appeal decision is allowed to stand, human rights legislation would be taking on too much power.”