Advocating Parents of Nova Scotia

Advocating Parents of Nova Scotia Advocating for our children

04/26/2023

PRESS RELEASE: HISTORIC HUMAN RIGHTS AGREEMENT FOR NOVA SCOTIANS WITH INTELLECTUAL DISABILITIES & THEIR FAMILIES

FOR IMMEDIATE RELEASE

April 26, 2023

HALIFAX, NS – Inclusion Canada celebrates the Nova Scotia government's commitment today to address human rights violations against people with disabilities. The government has agreed to recommendations from the Independent Expert Review Report, endorsed by the NS Disability Rights Coalition (DRC), which forms the foundation of the Agreement for a Human Rights Remedy.

The Report calls for an end to the discriminatory forcible confinement of people with disabilities in institutions and a complete system transformation focused on enabling people with disabilities to live inclusive lives in community. If done right, this will end not only the discriminatory practices of institutionalization but equally important, it will stop the government of Nova Scotia’s placement of individuals with disabilities and their families on languishing and protracted lists while they wait for needed supports and services.

The Independent Expert Review Report

The Report outlines six key directions, two of which include individualized person-centred planning and community-based support with individualized funding, both in addition to deinstitutionalization. The next step is for the Nova Scotia Human Rights Board of Inquiry to issue its formal Remedy based on the parties agreement to implement the recommendations of the Expert Report.

The Report establishes clear timeframes and targets to return those currently institutionalized to the communities from across Nova Scotia from which they were removed and where their lives can begin anew. Under the plan all institutions will be closed within 5 years. The return of individuals with disabilities to life in the community must be done thoughtfully taking into account each person’s uniqueness. Inclusion Canada recommends The Right Way – A Guide to Closing Institutions, developed by People First of Canada and Inclusion Canada’s Joint Task Force on Deinstitutionalization as a means of ensuring deinstitutionalization is done right.

Individuals with Disabilities and Their Families to Lead

The Report states, “Family leadership in policy and program development and delivery has been, and should remain, a key part of the remedy going forward.”

Robin Acton, President of Inclusion Canada and the parent of a young woman with an intellectual disability said, “First off, congratulations to the families and individuals who have fought so long and hard for this day. I hope the government of Nova Scotia will look to Inclusion Canada for guidance and clarity on INCLUSION and will ensure the rightful voices of individuals with intellectual disabilities and their families remain at the forefront of the much needed and sought after cultural and systemic transformation.”

Inclusion Canada is a national leader in the development of family leadership, inclusive of persons with intellectual disabilities, and in partnering with communities to create welcoming places of belonging and meaningful inclusion.

Historic Agreement

“This historic agreement sends a powerful message across the country that the practices of institutionalization and denying individuals with intellectual disabilities and their families supports, while they are left by the tens of thousands on waiting lists, will no longer be tolerated, stated Krista Carr, Executive Vice President of Inclusion Canada. “Families and individuals with intellectual disabilities have been seeking an end to these discriminatory practices for decades and we celebrate their success as they move forward to a more promising and inclusive future.”

Background and Next Steps

In August 2014, three individuals and the DRC filed a human rights complaint against the Province of Nova Scotia for illegal discrimination of failing to provide the individuals and other people with a disability with appropriate supports and services. The NS Court of Appeal agreed with their claim of discrimination in October 2021, acknowledging individual and systemic discrimination.

The DRC and the NS government agreed to initiate the Review process, which has resulted in the Expert's Report and recommendations.

Community capacity building for families must be an essential part of the implementation of the Remedy going forward with the recommendations. Inclusion Canada along with Inclusion Nova Scotia and the NS disability community will be monitoring to ensure that government respects the role of families in building community capacity to ensure successful implementation.

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For more information, please contact:

Marc Muschler, Inclusion Canada

416-661-9611 ext. 232

[email protected]

About Inclusion Canada



Inclusion Canada is a national federation of 13 provincial-territorial associations and over 300 local associations working to advance the full inclusion and human rights of people with an intellectual disability and their families. We lead the way in building an inclusive Canada by strengthening families, defending rights, and transforming communities into places where everyone belongs.

Nova Scotia Disability Class Action - Your Stories NeededIsai Estey has started a class action lawsuit against the Provi...
02/25/2023

Nova Scotia Disability Class Action - Your Stories Needed

Isai Estey has started a class action lawsuit against the Province of Nova Scotia for discrimination by not providing adequate housing and services to people with intellectual disabilities.

If the lawsuit is successful, all people with intellectual disabilities who were denied the services they needed to live in their community may be entitled to compensation.

Isai needs your help right now.

Isai and his lawyers are looking for your stories to present as evidence to the court. They are seeking witnesses who can provide an affidavit setting out their story or the story of a family member who has been placed in an institution, a hospital, or a nursing home because no other options were available.

If you are able to help please contact Isai’s lawyers:

Brian Hebert
902 423 2050
[email protected]
www.mckigganhebert.com

Thank you

Have you been injured? Contact our experienced team of personal injuriy lawyers now for a free consultation.

FINALLY!
10/09/2021

FINALLY!

Claire McNeil, a lawyer for the Disability Rights Coalition, on a new Nova Scotia Court of Appeal decision which finds systemic discrimination in the provincial government's treatment of people with disabilities who need supports to live in the community.

10/06/2021

PRESS RELEASE: SIGNIFICANT VICTORY FOR NOVA SCOTIANS WITH INTELLECTUAL DISABILITIES

For Immediate Release

Wednesday, October 6, 2021

HALIFAX, NS: Today, the Nova Scotia Court of Appeal has paved the road to addressing the human rights of thousands of Nova Scotians with disabilities who continue to languish in institutions or in community without support. This ruling sent a powerful message that there are fundamental systemic barriers in Nova Scotia that deny equality of opportunity for persons with disabilities.

The Council of Canadians with Disabilities, Inclusion Canada and People First Canada, a coalition granted permission to participate in this Appeal, are now urging the government of Nova Scotia to stop fighting persons with disabilities in courts, to acknowledge to systemic discrimination and to remove barriers to inclusion for all Nova Scotians with intellectual disabilities.

Joseph Delaney, the late Sheila Livingstone and the late Beth MacLean, three people with intellectual disabilities lived in institutions for many years before winning a landmark human rights case.

In 2019, the Nova Scotia Human Rights Board of Inquiry found that these individuals had the right to live with the help of support workers in homes within the community — referred to as a small options home.

However, the Human Rights Board of Inquiry rejected the argument of the Disability Rights Coalition that systemic discrimination by the province of Nova Scotia prevented others with intellectual disabilities from accessing the small options homes. That’s why the case went to the Nova Scotia Court of Appeal.

Today, the Court of Appeal ruled that there is ample evidence that the way the Nova Scotia government provides support to persons with disabilities puts them at a unique disadvantage. This includes prolonged unjustified institutionalization, years-long waits to receive services that they are entitled to or having to relocate to receive those services.

“The decision finds that the discrimination experienced by Joseph Delaney, Sheila Livingstone, and Beth MacLean was not accidental and was part of a destructive pattern,” says Robin Acton, President of Inclusion Canada, “The government of Nova Scotia needs to act immediately to support people with intellectual disabilities in their own homes in the community.”

Nova Scotia is facing a human rights emergency. Up to 1900 people with disabilities remain on waitlist for community placement, of which over 1000 remain in institutions and approximately 500 of which remain without services.

Nova Scotia lags well behind other Canadian provinces in providing community homes and supports for people with intellectual disabilities. Today’s ruling presents an opportunity to the new provincial government in Nova Scotia to acknowledge (1) that they have fundamentally wronged persons with disabilities for decades, (2) that systemic barriers to community inclusion for persons with disabilities are no longer tolerable in a free and democratic society, (3) that they stop fighting persons with disabilities in courts, and (4) that they will work with the community to address their human rights emergency.

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Media Contact: Marc Muschler, Senior Communications Officer, Inclusion Canada, [email protected]



Inclusion Canada is a national federation of 13 provincial-territorial associations and over 300 local associations working to advance the full inclusion and human rights of people with an intellectual disability and their families. We lead the way in building an inclusive Canada by strengthening families, defending rights, and transforming communities into places where everyone belongs.

08/12/2021

August 12, 2021

Halifax- The Disability Rights Coalition and its allies will be holding a rally at noon on Friday, August 13th outside the Provincial Legislature. The rally will demand that whatever Party forms government end the warehousing of persons with disabilities in segregated institutions and provide support for all persons with disabilities to live with dignity in the community.

In 2013, the current government committed to closing institutions and providing community-based living supports for all persons with disabilities by the end of 2023. This commitment was set out in a document called the Roadmap, a plan for community inclusion drafted jointly by the Province and disability rights advocates. This plan was endorsed by all three major Parties.

With just over two years left to fulfill the Roadmap on the schedule promised by the Parties, the Disability Right’s Coalition recently issued a report on the Roadmap’s implementation. This report makes clear that there has been serious back-sliding on the Province’s commitment to the Roadmap’s vision of community inclusion for persons who have experienced decades-long segregation and discrimination in accessing the services they need to live in the community. Nova Scotia continues to institutionalize people with disabilities in hospitals, nursing homes, and in large, segregated facilities across the Province. Further, the report found that the waitlist for the disabilities support program has actually increased by 74% since the Roadmap document was released, meaning more people with disabilities are facing long delays in accessing necessary supports.

“We are calling on whatever Party forms government after the election is over to keep its promise and fully implement the plan set out in the Roadmap document for community integration by 2023,” said Victoria Levack, a member of the Disability Rights Coalition. “Supports for persons with disabilities remain in crisis and we cannot wait any longer. This must be treated as an important election issue. We need serious action now,” she added.

06/01/2021

Sent on behalf of Deputy Minister Candace L. Thomas, Q.C.



Good morning:



The Department of Justice is working with the Department of Community Services and others to review the Adult Capacity and Decision-making Act and considering supported decision-making approaches in the context of that review. Horizons Community Development Associates Inc. has been retained to carry out a public engagement process. We want to hear from Nova Scotians about their experiences with this legislation. We also want to hear about supported decision-making happening within families and communities today.



We’re interested in your feedback and ask that you share information about this engagement with others within your network, including adults you may know who get help with decision-making due to a disability and their families. A fact sheet that you may share with others is attached.



An online focus group for community organizations will be held on June 15, 2021 from 12 pm to 1:30 pm. To participate, please send your rsvp to: [email protected] by June 11th. There is space for 12 people in the focus group.



Information about the engagement process and surveys are available at: https://novascotia.ca/adult-capacity-and-decision-making-act-consultation/ To request a hard copy survey, please call: 1-866-424-0066 (toll-free). To submit written feedback, please email: [email protected] or mail to: ACDMA Engagement, c/o Horizons Community Development Associates Inc., PO Box 2404, Wolfville, NS B4P 2S3. Adults with a disability have the option to give feedback by telephone at the above number, as well.



The deadline to provide feedback is June 18, 2021.



If you have any questions, please contact Horizons Community Development Associates Inc., copied here, or Paula Hutchinson at 902-452-1103 or 1-866-424-0066 (toll-free).



Yours sincerely,



Candace L. Thomas, Q.C.

Deputy Minister of Justice

Address

Truro, NS

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