nova scotia 'gaining traction' in disabled rights remedy but notable delays persist, expert says
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scott armstrong, minister of opportunities and social development, makes remarks concerning the release of the nova scotia human rights remedy annual progress report at a news conference in halifax on tuesday june 10, 2025.
tim krochak
/
the chronicle herald
the province is “gaining traction” with a stronger response in year 2 of the five-year plan to address the issue of community housing for people with mental and physical disabilities, an independent monitor says.
“in this second year of implementing this human rights remedy, there are notable examples of building capacity for moving in the direction of system transformation,” michael prince, a university of victoria professor who is an expert in disability issues and social discrimination, said in his second annual report on the government’s progress.
“there also are challenges and notable delays in delivering new programs and services to individuals and families in local communities,” said prince, an independent monitor appointed in accordance with the interim consent order and settlement agreement reached before the nova scotia human rights commission board of inquiry in 2023.
the settlement agreement between the disability rights coalition and the province outlined a five-year resolution process stipulating that within the first year, which was to begin july 1, 2023, the province would institute a no new admissions policy to institutions funded by the disability support program (dsp)
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by the third year, 75 per cent of people then housed in adult residential centres, regional rehabilitation centres and residential care facilities were to be living in community based settings.
within five years, by march 31, 2028, the government would close all institutional settings for people with disabilities.
‘relatively more results’
among the challenges prince addressed in his second annual report released last week was a lag in the movement of people with disabilities out of institutions and into the community, a delay the province attributes to staffing problems to support disabled individuals in the community as opposed to the historical practice of institutionalizing such individuals.
prince said the province is achieving “relatively more results” on many year 1 requirements as of march 31, 2025, than was the case last year.
only “slight progress” was achieved on almost half the remedy requirements in year 1, 43 of 90, meaning the requirements were advanced only minimally with marginal results, he wrote.
april hubbard holds a sign as she attends a disability rights coalition rally outside province house in 2021.
ryan taplin
/
the chronicle herald
in an updated review of all 90 remedy requirements for the first year, 25 were in exact compliance by march 21, 2025, he said, and 59 had attained some level of “substantial progress,” and the 43 requirements that had gained only slight progress as of his last annual report had been reduced to six this time around.
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“belated effectiveness, undoubtedly, incomplete compliance, certainly,” he said. “a degree of progress, nonetheless, that indicates the province is gaining traction.”
gaining traction “is apparent in year 2 performance such as key leadership roles being filled; training courses for staff development starting to be delivered; new governance structures and roles for first voice beginning to take shape; growing awareness and acceptance of the remedy by self-advocates, families, service providers, and public servants,” prince said.
of the 28 requirements for year 2, prince assessed that the province was in exact compliance on 12 of them, showing substantial progress on 10 of them and only slight progress on six.
of the 10 showing substantial progress, prince said two fell into the significant progress category and the other eight under the sufficient progress heading.
‘signs of some progress’
“at the end of year 2, there are signs of some progress, though the momentum is not as rapid as the province suggests,” prince said. “nor are all the ‘critical conditions’ for success in place.”
the remedy sets out a five-year timeframe to implement a broad range of significant changes in provincial and local services, positive shifts in community networks and public attitudes, and in enhanced personal possibilities for individuals living with disabilities and their families.
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prince pointed to several barriers in realizing those significant changes.
“worryingly, the province did not make any discernable progress over the course of year 2 in de-institutionalizing adults under 65 from long-term care facilities,” he said.
“indeed, by the end of year 2 there was a significant increase in the number of adults under 65 living in long-term care over the baseline figures used as a benchmark for tracking remedy progress.
“the increase amounted to 52 more young people admitted to long-term care facilities, or 12 per cent growth. it is hard to square these results with the province’s assessment of this requirement as complete.”
prince said that appears to be unnecessary institutionalization, “imposing disadvantages” on the individuals concerned.
“to ensure that formal policy can guide actual practice, i recommend the province develop an explicit policy on admissions to long term care facilities for adults under 65 that is consistent with the human rights remedy and human rights principles more generally.”
vicky levack, a longtime advocate for nova scotia’s disabled community, speaks to media near a tent encampment in this file photo. – ryan taplin
on the staffing side, the province had no local area co-ordinators in place when the five-year remedy plan kicked off in march 2023 and had recruited and trained only 26 by march 31 of this year, despite an agreed-upon target of 50 trained local area co-ordinators by that date.
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the province fared even worse in the recruitment and training of intensive planning and support co-ordinators, training only 20 of the 65 targeted for march 2025.
in an effort to reach the 2028 goal of no nova scotians being housed in large institutions, including adult residential centres, regional rehabilitation centres and residential care facilities, the disability support program reduced the baseline 2023 number of 870 people by 188 as of march 31, 72 per cent of the overall reduction targeted.
staffing shortages contribute to the fact that only about two-thirds of the number of persons with disabilities who were supposed to have left segregated institutions by march 31 of this year have done so.
home share program stalled
the province is also significantly behind the benchmarks in the remedy for the creation of new support options for community-based living, including not having created any spaces by march 31 of the 240 required in the new home share program for community-based living.
that program will have providers come forward and, after rigorous vetting, share their life and homes with people with disabilities.
prince referenced in his report that the nova scotia court of appeal’s finding of systemic discrimination hinged on a finding that the province’s disability support program policies and practices disregarded the legal obligations of its governing legislation, the social assistance act, in that some people with disabilities were deemed ineligible for assistance without any legal basis for doing so.
premier tim houston apologized to people with disabilities for ‘historic, systemic discrimination’ in november 2023.
ryan taplin
/
the chronicle herald
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“eligibility for the dsp is a core or foundational issue in the finding of systemic discrimination and therefore, of the remedy,” prince said, adding that progress appears stalled on that foundational issue that is central to eradicating systemic discrimination.
“social assistance in nova scotia is a statutory entitlement, a benefit provided by law,” he said. “even as a right, the determination of eligibility concerns assessing actual need as demonstrated in individual cases. … an important result of the remedy is the timely and predictable provision, and the respectful administration of assistance that meets the diverse needs of persons with disabilities in nova scotia.”
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