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...