Nova Scotia government to appeal ruling in disabilities discrimination case

The Nova Scotia government plans to appeal a recent court decision that found there was discrimination against three people with mental and physical disabilities who had sought improved services and housing in the community.

The province stressed Thursday it is not seeking to overturn the Nova Scotia Court of Appeal's findings of discrimination or the damages awarded to the three complainants in the case.

However, Community Services Minister Karla MacFarlane said the ruling raises many questions that she believes the country's top court may help resolve, including how other social programs could be affected.

"Government programs are guided by policies with allocated budgets. This decision also places a legal requirement on the Disability Support Program and we need to better understand that requirement," MacFarlane said in a statement. 

"For these reasons, the province has made the decision to appeal."

In a landmark ruling on Oct. 6, the Court of Appeal found evidence of systemic discrimination in the case of Beth MacLean, Sheila Livingstone and Joseph Delaney. The three were housed at a Halifax-area psychiatric hospital, despite opinions from doctors that they could live in the community.

A day after the ruling, Premier Tim Houston said his government heard the court's message "loud and clear," and he pledged to work with the disabilities community.

He also said he didn't believe citizens should have to take the government to court to make it "do the right thing."

Only one of the three people in the case is still living. Livingstone died in October 2016, and MacLean died in September 2021.

Halifax lawyer Vince Calderhead, who represented the three in their discrimination fight, said news of the appeal attempt is disappointing.

"They're right at the 11th hour," Calderhead said Thursday.

"So they've dragged the puck as long as they can before seeking leave to appeal and now they'll seek to buy themselves a few more months by doing this.  It's so disappointing after the premier's statement on Oct. 7 saying it's completely wrong for people to have to sue their own government to do the right thing."

There is no guarantee the Supreme Court will agree to hear the government's appeal.