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  • April 2019 Human Rights Digest
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CHRR decisions are only available from Canadian Human Rights Reporter Inc.

CHRR decisions are not included in LawSource (Westlaw), Quicklaw (LexisNexis) or CanLII.

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MacLean: Board of Inquiry Fails to Recognize Systemic Discrimination Against People with Disabilities

In a much-anticipated decision in MacLean v. Nova Scotia (Attorney General) (No. 2), the Nova Scotia Human Rights Board of Inquiry was tasked with determining whether the complainants had met the test for prima facie discrimination, in the context of a claim of systemic discrimination on behalf of persons with disabilities in their access to community based, residential supports and services.  Four separate complaints — three by individuals with disabilities and a fourth by the Disability Rights Coalition — were heard jointly in a challenge to decades old policies and practices by the Province.

Many people with disabilities who require residential supports and services in Nova Scotia are faced with a lack of community-based options and long waitlists while over...

What Was Said

Holding Persons with Disabilities in Locked Residential Care

“No general rule may be applied to what, depending on the circumstances, may be an ‘advantage’ or a ‘disadvantage'.  Each disabled person's circumstances must, in my opinion, be assessed individually and then a decision made whether the person has had 'meaningful access' to services as mandated by the Supreme Court of Canada in Moore v. British Columbia (Education) ... 'Meaningful access' is, in my opinion, the fundamental principle which should guide the analysis of discrimination...

Human Rights Digest 20-3, April 2019