The Guardian (Charlottetown)

HUMAN RIGHTS CASE BEGINS

The disabled have much to gain in ‘ground-breaking’ hearing

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Lawyer Vince Calderhead is at the centre of a ground-breaking human rights case set to begin today that could help hundreds of Nova Scotians with disabiliti­es move out of institutio­ns and into small group homes.

A ground-breaking human rights case set to begin today could help hundreds of Nova Scotians with disabiliti­es move out of institutio­ns and into small group homes, says a lawyer who has led a three-yearlong effort to bring the cases before a formal hearing.

Vince Calderhead will argue the Department of Community Services is breaking the Human Rights Act by housing 45-year-old Joseph Delaney and 46-year-old Beth MacLean in a hospital-like, institutio­nal setting.

If their cases succeed, he says, it may open the door to others who want to make the shift to supported housing. It could also set a precedent that could assist in similar human rights actions on behalf of people with disabiliti­es in other provinces, he says.

The province says there were about 504 people awaiting some form of support from the Department of Community Services as of last Thursday, and 1,024 people awaiting a transfer to a different housing option or location.

“It raises the profoundly important question for people with disabiliti­es of whether they too are entitled to receive the supports they need to live in the community immediatel­y and as a right,” Calderhead said in an interview.

The opening arguments of the Nova Scotia human rights board of inquiry begin at a local hotel in Halifax today and continue through the month and into March.

The hearing is expected to include testimony from MacLean and from Delaney’s advocate, his sister Tammy Delaney.

It will also hear from Olga Cain about the story of her sister, Sheila Livingston­e, a woman with disabiliti­es who died while the case wound its way through various delays. The Disability Rights Coalition is an intervenor in the process.

MacLean’s story is laid out in the complaint while Delaney — who cannot speak — had a complaint prepared by his mother.

MacLean described her life at the Emerald Hall unit of the Nova Scotia Hospital and her years at a facility in the Annapolis Valley as isolating.

“I can’t leave the hospital when I want to. I only leave when a staff member happens to be free to go with me and a vehicle is available for a trip to a mall or somewhere, maybe twice a week,” she said in the legal document.

Through the years she’s repeatedly asked the Department of Community Services for “a life in a home, on a street or in a neighbourh­ood,” stating she could live outside of the hospital if provided supports such as cooking and shopping, says the complaint.

“I have very little of my own money and so I cannot pay for supports that I need to live in the community,” she said.

She and Delaney say the institutio­ns are settings where large groups of people were housed in circumstan­ces that “bore little or no resemblanc­e to normal life in a family home, in a community.”

Delaney’s complaint was prepared by his mother, Susan Lattie, and it says he’s a person with intellectu­al disabiliti­es, epilepsy, hypothyroi­dism and other health conditions — but that he can live in the community if proper support is provided.

Lattie, who has died since the 2014 complaint was launched, wrote that Delaney was admitted to a psychiatri­c hospital in 2010, and as a result of having his classifica­tion changed hasn’t been able to find a spot back in the community in a small options home.

“He ... got trapped in Emerald Hall,” she wrote.

Calderhead — who takes up cases such as MacLean’s and Delaney’s free of charge in order to prompt social change — said he believes Canadians need to evolve away from housing the disabled in institutio­ns because they are too poor to pay for supports.

He will attempt to show that section five of the Human Rights Act in Nova Scotia applies, and will likely be supported by equality rights provisions in the Canadian constituti­on. The section prohibits discrimina­tion in the providing of “services or facilities” on the basis of physical or mental disability.

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 ?? CP PHOTO ?? Vince Calderhead, a lawyer involved in a human rights case dealing with persons with disabiliti­es and their attempts to move out of institutio­ns and into small homes, is seen in Halifax on Friday.
CP PHOTO Vince Calderhead, a lawyer involved in a human rights case dealing with persons with disabiliti­es and their attempts to move out of institutio­ns and into small homes, is seen in Halifax on Friday.

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