Disability Rights Coalition Board of Inquiry Decision on Remedy

The chair of an independent human rights board of inquiry in the matter of Beth MacLean, Sheila Livingstone, Joseph Delaney and Disability Rights Coalition of Nova Scotia vs. Province of Nova Scotia and the Nova Scotia Human Rights Commission issued a decision on remedy today, June 29, 2023.

Board Chair Donald C. Murray is independent of the Nova Scotia Human Rights Commission. His decision includes an interim consent order, an interim settlement agreement outlining a 5-year resolution process and retains the jurisdiction of the board of inquiry to monitor progress as parties work to fulfill the remedy in collaboration with an independent review panel and experts. He stated the interim consent order will act as a public commitment by all parties.

In March 2019, then Chair Walter Thompson issued a prima facie finding of discrimination in this matter, including individual findings of discrimination for each complainant. A finding of systemic discrimination in relation to living and housing needs of all Nova Scotians with disabilities was later added by a Nova Scotia Court of Appeal decision in October 2021.

Copies of these decisions are available on the Commission’s website here or via the links below.. A copy of the interim consent order is availble here.

Additional Resources

• Decision and interim order on the interim settlement agreement,
• Interim Consent Order
• A report, titled Human Rights Review and Remedy for the Finding of Systemic Discrimination Against Nova Scotians with Disabilities, was released on April 26, 2023. Read the news release here.
• The report was jointly commissioned by the Disability Rights Coalition and the Department of Community Services. It was prepared by Eddie Bartnik, an expert in disability, mental health and community services from Australia, and Tim Stainton, a professor in the school of social work at the University of British Columbia and Director of the Canadian Institute for Inclusion and Citizenship at the university. A copy of that report is available here.
• Board Chair Walter Thompson’s decision on Prima Facie Discrimination issued in March 2019 is available here.
• The Court of Appeal Decision from October 6, 2021 is available here. 
• The Board Chair, Donald Murray’s decision and interim order on the interim settlement agreement dated June 29, 2023 is available here.