'A watershed moment': N.S. reaches interim agreement for people with disabilities

The province of Nova Scotia, the Disability Rights Coalition of Nova Scotia, and the Nova Scotia Human Rights Commission announced an interim settlement Wednesday that will help end the discriminatory treatment of people with disabilities. 

In October 2021, the Nova Scotia Court of Appeal ruled the province was systemically discriminating against people with disabilities.

The court found this treatment had been decades-long, and included things like institutionalization and indefinite wait times for supports. 

Last August, both parties agreed to work together to solve this discrimination. This included appointing two independent experts to create a report and provide recommendations on how the system should change. 

On Wednesday, the province released the report, called Human Rights Review and Remedy for the Findings of Systemic Discrimination Against Nova Scotians With Disabilities.

Claire McNeil, a lawyer for the Disability Rights Coalition, says this new report and agreement mark "a watershed moment".

"This is not like previous government reports," McNeil said. "This is an independent review based on a finding of systemic discrimination by our Nova Scotia Court of Appeal. So that's super significant. There is an immediate legal obligation on government to end the discriminatory treatment of people with disabilities."

469 people still in institutions

According to the province, around 5,890 people are supported by the Disability Support Program, which includes programs like independent living support, small option homes and institutions. 

Of that number, 469 people with disabilities are still living in the eight institutions across the province, a drop from 1,100 in 2013. 

The report recommends that within five years, all eight institutions will be closed.

"Nova Scotia is ... the only province in Canada that still relies heavily on institutional settings for people with disabilities as a condition of them receiving the assistance they need to live," McNeil said. "So this will be a huge shift and a real victory for human rights."

McNeil said a previous report in 2013 started this work, but "didn't have any teeth".

"There's been many recommendations over decades from government reports and independent reports suggesting that the system is broken and needed to be changed," she said. "I guess what's different this time is that we have a really concrete, step-by-step plan and we have a commitment by this government."

She said this time is also different because the government will have to make its progress publicly available, and all the information will be posted online.

In an interview Wednesday, Minister of Community Services Karla MacFarlane said the report will guide her department in finishing the work it has already started to get people moved into community. 

She said the five-year timeline is an "ambitious goal," but her department will try to stick to it.

"There's a lot to analyze and a lot to look at because really, we want to go back to the individuals and see where it is they want to go," MacFarlane said. "It's a much more lengthy process, not like you or I packing up our bags and moving somewhere."

Of the report's six key directions, MacFarlane said the Human Rights Board of Inquiry will determine which recommendations the province has to follow and guide the progress.

She said she hopes to receive this information by the summer.